Pappu Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6316 of 2021 Arising Out of PS. Case No.-415 Year-2020 Thana- ARARIA District- Araria ====================================================== PAPPU KUMAR MAHTO Son of Suraj Lal Mahto Resident of Village - Radha Nagar, Gadhbaneli, Ward No.1, P.S.- Kasaba, Dist.- Purnea. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard Mr. Gopal Kumar Jha, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Araria P.S. Case No. 415 of 2020 corresponding to Spl. Case No. 455 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner as per the First Information Report is that the Police intercepted one Pick-up van and recovered 300.240 litres of illicit foreign liquor from the same and the persons sitting inside the vehicle, i.e. petitioner and another accused person started fleeing away, but they were caught by the Police.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.6316 of 2021(2) dt.15-04-2021 2/3 petitioner has got no criminal antecedent and he has falsely been implicated in this case merely because that he is a co-driver of the commercial pick-up van. Learned counsel further submits that the driver of the pick-up van, namely, Bhikhari Mahto has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 39152 of 2020. Learned counsel next submits that the petitioner is in custody since 2.6.2020 having no criminal antecedent and charge sheet has already been submitted in the matter.
Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court and the petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Araria P.S. Case No. 415 of 2020 corresponding to Spl. Case No. 455 of 2020. It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.6316 of 2021(2) dt.15-04-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T