Patna High CourtCR. MISC./43949/2023bail granted

Ramjee Mahto v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43949 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== 1.

RAMJEE MAHTO son of Gauri Shankar Mahto Village- Rajapur Manpura Gate No-33, Ps- Patliputra,Dist- Patna 2.

Chhote Mahto son of Gauri Shankar Mahto Village- Rajapur Manpura Gate No-33, Ps- Patliputra,Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Patliputra P.S. Case No. 280 of 2023 dated 2.4.2023, Special Case No. 3189 of 2023 registered for the offence punishable u/s 30(a), 41(i) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 112 litres of illicit liquor is alleged to have recovered from the cycle of the

Patna High Court CR. MISC. No.43949 of 2023(2) dt.27-07-2023 2/2 petitioners.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 3.4.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Patliputra P.S. Case No. 280 of 2023, Special Case No. 3189 of 2023.

8. The application stands allowed.

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