Sudish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35258 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Sudish Mahto S/O Durga Mahto Resident of village- Pachrukha, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Banjariya P.S. Case no.152 of 2025 registered under sections 274 and 275 of the Bharatiya Nyaya Sanhita and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on secret information having been received and a raid being conducted, it is stated that three accused persons managed to escape. On search, 50 litres of country liquor was recovered from the bank of the river. The villagers and the Choukidar identified the petitioner to be amongst the three accused persons who had managed to escape.

4. Learned counsel for the petitioner submits that no incriminating article was recovered from the petitioner's

Patna High Court CR. MISC. No.35258 of 2025(2) dt.11-06-2025 2/2 possession. He has been falsely implicated in the case because of his antecedent. He has no concern with the seized liquor nor with the other co-accused and has been falsely implicated in the case because of village politics. He is in custody since 12.3.2025.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner not having been arrested at the spot, his being in custody since 12.3.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Banjariya P.S. Case no.152 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Motihari, East Champaran.

(Partha Sarthy, J) Saurabh/- U T