Lakshan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42855 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Lakshan Mahto Son of Dukhan Mahto R/O Vill.- Amawa, Koraiya, P.S.-Bara, Dist.- Bara, Nepal ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Adapur P.S. Case No. 354 of 2023 registered for the offence under Sections 30(a), 32, 41(i) of Bihar Prohibition and Excise (Amended) up to Act, 2016.
3. It is a case of recovery of total 327 liters of illicit Nepali Kasturi made liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent committed no offence and has falsely been implicated in the present case due to dirty village politics. He further submits that the petitioner is in custody since 24.04.2024. It is also submitted that coaccused has already granted bail in Cr. Misc. No. 8351 of
Patna High Court CR. MISC. No.42855 of 2024(2) dt.15-07-2024 2/2 2024, Cr. Misc. No. 11543 of 2024 by this Court.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. Considering the aforesaid facts and circumstances of the case, submissions of the learned counsel, perused the bail petition, first information report and seizure list and impugned order passed by learned Special Judge, Excise Judge Court No. - 2, East Champaran, Motihari, Considering the aforesaid facts and circumstances and period of custody of the petitioner, the above named petitioner is directed to be released on bail after framing of charge within 15 days 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 Judge Court No. -2, East Champaran Motihari in connection with Adapur P.S. Case No. 354 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T