Patna High CourtCR. MISC./47831/2024bail granted

Subodh Mahato v. The State Of Bihar

2024-07-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47831 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== SUBODH MAHATO S/O RAMAWATAR MAHATO R/O VILLAGEMANIKA BUZURG, P.S- SARAI RANJAN, DISTT.- SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Sarai Ranjan P.S. Case No.7 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 689.25 liters of liquor from Bathan of the petitioner and Pramod Mahto.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large. It is also submitted that Bathan is a

Patna High Court CR. MISC. No.47831 of 2024(2) dt.26-07-2024 2/2 place outside the house and as such no prudent person would use his own premises for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner is in custody since 05.06.2024.

5. The learned APP for the State opposes the bail application.

6. Considering the submissions made by the learned counsel for 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 the learned Special Judge, Excise, Court No.2, Samastipur in connection with Sarai Ranjan P.S. Case No.7 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T