Anil Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48403 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== ANIL KUMAR MAHTO Son of Ramprit Mahto Resident of VillageBarbatta, P.S.- Musrigharari, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patepur P.S. Case No. 89 of 2021 for the offence punishable under Sections 30(a), 32(ii), 38(ii) and 41(1) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 3693.600 litres of illicit liquor from a truck and some other vehicles. The petitioner and other accused persons are stated to have been arrested from the spot. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 16.04.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 9 of the present petition that the petitioner was arrested from a line hotel. It is also submitted that similarly situated coaccused persons have already been granted bail by coordinate

Patna High Court CR. MISC. No.48403 of 2021(2) dt.28-02-2022 2/2 Benches of this Court vide orders dated 07.01.2022, 20.01.2022 and 21.02.2022 passed in Criminal Misc. No. 43965 of 2021, Criminal Misc. No. 43374 of 2021 & Criminal Misc. No. 21.02.2022 respectively.

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 as also taking into account the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by coordinate Benches of this Court, apart from the fact that the petitioner is not stated to be the owner of the truck/vehicle in question from which illicit liquor has been recovered, 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 Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Patepur P.S. Case No. 89 of 2021.

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