Patna High CourtCR. MISC./32184/2020dismissed

Upendra Mahto v. The State Of Bihar

2021-01-04Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32184 of 2020 Arising Out of PS. Case No.-57 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== UPENDRA MAHTO Son of Late Janki Mahto Resident of VillageShiwaepatti, P.S.- Shiwaepatti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 22.06.2020 in connection with Rajepur P.S. Case No. 57 of 2019 for the alleged offences under Sections 272, 273, 420 and 34 of the Indian Penal Code and Section 30(a) of the New Bihar Excise Prohibition Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 8800 litres of raw spirit from two vehicles. The petitioner has been implicated on

Patna High Court CR. MISC. No.32184 of 2020(2) dt.04-01-2021 2/3 mere suspicion as he was not not arrested at the spot, rather his name has surfaced on the extra-judicial confessional statement of co-accused Ganesh Kumar, who was arrested with Magic pick-up van bearing registration no. BR06GL-3435. The said co-accused Ganesh Kumar has been granted bail by this Court in Cr. Misc. No. 53498 of 2019.

4. Learned APP, on the other hand, opposed the petition, submitting that huge quantity of 8800 litres of raw spirit has been recovered from the two vehicles and co-accused Ganesh Kumar has been released on bail on the basis of recovery of only 400 litres of spirit. The petitioner is accused in two prior cases, one under Sections 414 of the Indian Penal Code, 25(1-b)(a)/26/35 of the Arms Act, and the other under Sections 414, 120(B)/34 of Indian Penal Code, 25(1-b)(a)/26/35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

5. Having regard to the nature of accusations and gravity of offence alleged as well as the antecedents of the petitioner, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. The petitioner shall be at liberty to renew his prayer for bail after nine months in custody.

Patna High Court CR. MISC. No.32184 of 2020(2) dt.04-01-2021 3/3

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T