Raman Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50068 of 2021 Arising Out of PS. Case No.-108 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== RAMAN MAHTO S/o Matwar Mahot R/o village- Datuar, P.S.- Khajauli, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, seeing the police personnel the petitioner managed to escape but was identified by the local chaukidar. 186 litres of liquor was recovered from the plastic container left behind by him.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession nor was the petitioner arrested at the spot. He is in custody since 29.7.2021 and charge sheet has been

Patna High Court CR. MISC. No.50068 of 2021(2) dt.23-02-2022 2/2 submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 6 months and not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Khajauli P.S. Case no. 108 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Prakash/- U