Akhilesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39088 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Akhilesh Mahto Son of Gama Mahto @ Gamha Mahto Resident of VillageTiwari Matihania, P.S- Vishambharpur, Dist- Gopalganj , Address At Present Resident of Village- Sapahia Khas , P.S- Kuchaikote, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Roy For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Vishambharpur P.S. Case No. 19 of 2024 lodged on 23.02.2024 under Section 30(a) of the Excise Act.

3. As per the prosecution case, F.I.R. has been lodged against the present petitioner against whom there is an allegation of recovery of approx 58 litre of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 23.02.2024. He further submits that under conspiracy, he has been arrested in

Patna High Court CR. MISC. No.39088 of 2024(2) dt.28-05-2024 2/2 this case.

5. Learned APP for the State opposes the prayer for bail and submits that recovery of liquor has been made from the petitioner's motorcycle.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-IVcum-Exclusive Special Excise Court,-II in connection with Vishambharpur P.S. Case No. 19 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U