Patna High CourtCR. MISC./36768/2024bail granted

Arvind Mahto @ Arvind Kumar @ Arvind Kumar Mahto v. The State Of Bihar

2024-05-14Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36768 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== 1.

Arvind Mahto @ Arvind Kumar @ Arvind Kumar Mahto S/O Suresh Mahto R/O Village- Satmalpur, P.S- Waris Nagar, Distt.- Samastipur, Bihar. 2.

Pappu Mahto @ Pappu Kumar S/O Suresh Mahto R/O Village- Satmalpur, P.S- Waris Nagar, Distt.- Samastipur, Bihar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rambabu Yadav, Advocate For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Khanpur P.S. Case No. 57 of 2024 dated 08.04.2024 registered for the offence punishable u/ss 30(a), 36 and 41(1)(2) of the Bihar Prohibition and Excise Act and Sections 467, 468, 471 and 120B of the Indian Penal Code.

3. As per the prosecution case, total 2132.640 litres of illicit foreign liquor was recovered from the truck.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.36768 of 2024(2) dt.14-05-2024 2/2 implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners are driver and khalasi of the said truck. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 08.04.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur, in connection with Khanpur P.S. Case No. 57 of 2024.

7. The application stands allowed.

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