Anand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33279 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Anand Mahto S/O Kailash Mahto R/O- Jaynagar Ward No.12, P.S - Jaynagar, District- Madhubani.

2.

Ram Chandra Mahto S/O Late Ram Swarup Mahto R/O- Jaynagar Ward No.12, P.S - Jaynagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Jaynagar P. S. Case No. 110 of 2025 registered for the offences punishable under Sections 274 & 275 of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

3. It is a case of recovery of 180 litres of Nepali liquor and 32.95 litres of foreign liquor from the house of petitioner no. 1 - Anand Mahto.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioners are joint family members and their house is in

Patna High Court CR. MISC. No.33279 of 2025(2) dt.26-05-2025 2/2 joint possesssion. He has no concern with the alleged recovery. He further submits that petitioners have clean antecedent and they are in custody since 04.04.2025.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period of custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cumSpecial Judge, Excise Act, Madhubani in connection with Jaynagar P. S. Case No. 110 of 2025 subject to the following conditions :- (i) Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii) One of the bailor shall be his family member. (S. B. Pd. Singh, J) prabhakar/- U