Ram Prakash Mahto @ Pragas Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34298 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== RAM PRAKASH MAHTO @ PRAGAS MAHTO S/O LATE LAXMAN MAHTO R/O Village-Patpara Uttar, P.S.-Bibhutipur District-Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bibhutipur P.S. Case No. 99 of 2023 (Excise G.R. No. 187/2023) dated 17.03.2023 registered for the offences punishable under Sections 272, 273, 420, 467, 468 and 471 read with 34 of the IPC and under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 3501.690 litres of foreign liquor was recovered from a truck, a tempo and Bolero.

Patna High Court CR. MISC. No.34298 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired on the confessional statement of the co-accused Raja Kumar. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Samastipur in connection with Bibhutipur P.S. Case No. 99 of 2023 (Excise G.R. No. 187/2023).

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T