Patna High CourtCR. MISC./48599/2024allowed

Teja Mahto v. The State Of Bihar

2024-07-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48599 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Teja Mahto Son of Late Khedu Mahto R/O Vill.- Semari, P.S.- Lakhaura, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Lakhaura P.S. Case No. 35 of 2024 dated 04.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 31.500 litres of illicit Nepali Kasturi liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the said house is an open house and the petitioner has no concern with the alleged

Patna High Court CR. MISC. No.48599 of 2024(2) dt.10-07-2024 2/2 recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Lakhaura P.S. Case No. 35 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T