Patna High CourtCR. MISC./32891/2020bail granted

Raja Kumar Mahto v. The State Of Bihar

2021-01-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32891 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAJA KUMAR MAHTO Son of Dashrath Mahto Resident of Village - Jorja, P.S. - Baheri, District - Darbhanga. At present resident of village - Chhatneshwar, P.S. - Warisnagar, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Excise Case No. 61 of 2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act (Amendment) 2018.

It is alleged that 494.490 liters of illicit liquor was recovered from a hut, which, according to the police, belonged to the petitioner. The petitioner is in custody since 16.02.2020. His prayer for regular bail was earlier rejected by this Court by an order dated 24.06.2020 passed in Cr. Misc. No. 18104 of 2020, mainly for the reason that the petitioner had not taken a plea that the hut, from where the recovery was made, did not belong to him.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.32891 of 2020(2) dt.25-01-2021 2/2 has submitted that the petitioner is not resident of the village from where the recovery was made. He has further submitted that the petitioner has no criminal antecedent. Considering the fact that the petitioner is in custody since 16.02.2020 and there is no likelihood of conclusion of trial in near future, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd cum Special Judge, Excise, Samastipur, in Excise Case No. 61 of 2020. (Chakradhari Sharan Singh, J) Pawan/- U T