Patna High CourtCR. MISC./41001/2020bail granted

Kailash Kumar Mahto @ Ledho v. The State Of Bihar

2021-03-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41001 of 2020 Arising Out of PS. Case No.-144 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Kailash Kumar Mahto @ Ledho Son of Late Deo Narayan @ Devi @ Meghu Mahto Resident of Mohalla - Ward No. 14, Bakhari, P.S.- Bakhari, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bakhari P.S. Case no. 144 of 2018 registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 28.8 litres of illicit liquor was recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted. No incriminating article has been recovered from his possession and he is in custody since 14.8.2020.

The application for bail is opposed by learned APP for the State who submits that the petitioner has an antecedent under the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.41001 of 2020(2) dt.02-03-2021 2/2 Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 14.8.2020 and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bakhari P.S. Case no. 144 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge, Excise Act, Begusarai. (Partha Sarthy, J) Prakash/- U