Manoj Kumar Mahto @ Manoj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32957 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Manoj Kumar Mahto @ Manoj Mahto ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for bail in connection with Rajnagar P.S Case No.452 of 2024 registered for offences under Sections 274, 275, 3(5) of the Bhartiya Nyay Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, the recovery is of 30.780 litres of Nepali liquor from a gali near the pond.
4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on account of a secret information and no recovery has been made from the physical and conscious possession of the petitioner. The place of recovery is an open space which is accessible to all and the petitioner is in custody since 23.02.2025.
Patna High Court CR. MISC. No.32957 of 2025(2) dt.16-05-2025 2/2
5. Learned APP opposes the prayer for bail on the ground that the petitioner has two criminal antecedent of similar nature, in response to which the learned counsel for the petitioner submits that he is on bail in the said cases.
6. Considering the period of custody and that charges have already been framed, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection with Rajnagar P.S Case No.452 of 2024, subject to the condition that the petitioner shall co-operate in the investigation/trial.
(Soni Shrivastava, J) sharun/- U T