Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49706 of 2021 Arising Out of PS. Case No.-79 Year-2021 Thana- PURNAHYA District- Sheohar ====================================================== UMESH MAHTO Son of Late Rajkumar Mahto Resident of Village - Dostiya Uttari, P.S.- Purnahiya, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Advocate For the Opposite Party/s :

Ms.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-03-2022 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Purnahiya PS case no. 79 of 2021 instituted for the offences punishable under Sections 30(a), 37(2) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 25.800 liters of illicit liquor from a sack loaded on the cycle of the petitioner, apart from recovery of various quantity of illicit liquor from other co-accused person.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 11.05.2021. The learned counsel for

Patna High Court CR. MISC. No.49706 of 2021(2) dt.07-03-2022 2/2 the petitioner has further submitted that the petitioner was merely a passer-by and he has been falsely implicated in the present case after the real culprit had fled away.

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 parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.D.J. II-cum-Special Judge, Excise Act, Sheohar in connection with Purnahiya PS case no. 79 of 2021. (Mohit Kumar Shah, J) rinkee/- U T