Patna High CourtCR. MISC./52408/2024bail granted

Raju Mahto @ Raju Kumar Mahto v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52408 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== Raju Mahto @ Raju Kumar Mahto, Son Of Laxmeshwar Mahto @ Lakshmeshwar Mahto Village- Basopatti (BUNDELKHAND, Ward No.-11, P.S.- Basopatti, Distt.- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273 and 34 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the allegation is of recovery of 360 litres of liquor from a Mahindra vehicle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated at the instance of local people, but then, the police in majority of the cases

Patna High Court CR. MISC. No.52408 of 2024(2) dt.06-09-2024 2/2 implicates innocent persons either at the behest of Chaukidar, local person, secret informant and confessional statement in a mechanical manner without holding proper investigation. It is further submitted that petitioner is in custody since 30.04.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Basopatti P. S. Case No.17 of 2024, G.R. No.167 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T