Mahanth Mahto @ Mahanth Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34933 of 2020 Arising Out of PS. Case No.-280 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== MAHANTH MAHTO @ MAHANTH MAHATO Son of Late Jawahir Mahto Resident of Village- Lala Tola Garabhua, Police Station- Chanpatiya (Sirisiya O.P.), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Md. Fahimuddin, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Chanpatiya Sirisiya O.P. P.S. Case No. 280 of 2019 for the offence punishable under Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a), 30(b) and 30(c) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 30 litres of illicit liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.34933 of 2020(2) dt.21-12-2020 2/2 the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 21.03.2020. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Special Judge, Excise, Bettiah, DistrictWest Champaran in connection with Chanpatiya Sirisiya O.P. P.S. Case No. 280 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T