Patna High CourtCR. MISC./37956/2024bail granted

Raj Kumar Mahto v. The State Of Bihar

2024-05-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37956 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Raj Kumar Mahto S/o Late Singheshwar Mahto R/o vill - Rampatti Durgasthan, P.S. - Raj Nagar, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajnagar P.S. case No. 126 of 2024 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 156.540 liters liquor was recovered from behind the house of the petitioner. The petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.37956 of 2024(2) dt.17-05-2024 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from bushes behind the house of the petitioner which is an open place. The petitioner is in custody since 20.04.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajnagar P.S. case No. 126 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T