Rakesh Kumar Mahto @ Dhanna Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54351 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAKESH KUMAR MAHTO @ DHANNA SETH S/o- Mishri Lal Mahto Resident of Village- Harsinghpur Lautan, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-09-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 1495 litres of IMFL was recovered from the two pick-up van near a school where the petitioner was a night guard.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 16.3.2021 (Annexure 1) passed in Cr. Misc. no. 40908 of 2020 giving liberty to the petitioner to renew his prayer for bail after completing one year in custody. The petitioner is in custody since 6.9.2020.

Heard learned APP for the State.

Patna High Court CR. MISC. No.54351 of 2021(2) dt.29-09-2021 2/2 Having heard learned counsel for the parties and taking into consideration the observation given in the aforesaid order dated 16.3.2021 together with the petitioner having remained in custody for over one year, the Court directs the petitioner to be enlarged on bail in connection with Excise Case no. 137 of 2020 (arising out of P.R no. 30 of 2020) 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 Special Judge, Excise, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U