Lalak Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45520 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- KHAIRA District- Saran ====================================================== Lalak Mahto Son of Late Mohar Lal Mahto Village - Patedha P.S - Khaira, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Khaira PS Case No. 80 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 5 liters country made liquor was recovered from jute bag. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from roadside which is an open place,
Patna High Court CR. MISC. No.45520 of 2025(2) dt.16-07-2025 2/2 which is accessible to one and all. The petitioner is in custody since 20-04-2025 and has got three criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khaira PS Case No. 80 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T