Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42364 of 2022 Arising Out of PS. Case No.-221 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MUNNA MAHTO S/O LATE RAMBILASH MAHTO Resident of MohallaDonar Ward No- 17, P.S.-Lahariasarai (Kotwali O.P), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Lahariasarai (Kotwali O.P.) P.S. Case No. 221 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 20.05.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 76.200 litres of IMFL/country made liquor from the alleged tea shop.

Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the tea

Patna High Court CR. MISC. No.42364 of 2022(2) dt.27-08-2022 2/2 shop of the petitioner which is accessible by general public and, as such, it cannot be said to be recovered from conscious physical possession of the petitioner, who is a man of clean antecedent. It has been submitted that investigation is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Lahariasarai (Kotwali O.P.) P.S. Case No. 221 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise2nd, Darbhanga/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T