Mahesh Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37068 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- DARPA District- East Champaran ====================================================== Mahesh Raut Son of Jagdeo Raut Resident of Village - Pipra, P.S. - Darpa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Singh For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Darpa P.S. Case No. 46 of 2024 dated 30.03.2024 registered for the offences punishable u/s 272 and 273/34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 187.2 litres of Nepali liquor kept in six sacks was recovered near Pipra Tingachhi.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery was made from an open place that is
Patna High Court CR. MISC. No.37068 of 2024(2) dt.15-05-2024 2/2 accessible to anyone. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Darpa P.S. Case No. 46 of 2024 .
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T