Pramod Mahto @ Pannalal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55025 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== PRAMOD MAHTO @ PANNALAL SON OF LATE NAGINA MAHTO RESIDENT OF VILLAGE- HARPUR, POLICE STATION- KATHAIYA, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Akbar Ali, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Kathaiya PS Case No. 18/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act.

As per First Information Report, the police on the basis of information that two accused persons including petitioner are engaged in sale of illicit liquor proceeded towards the place of occurrence i.e., hutment of the petitioner, and upon seeing the police party both the accused persons succeeded in fleeing away. The police however, recovered altogether 28.125

Patna High Court CR. MISC. No.55025 of 2021(2) dt.19-05-2022 2/3 litres of illicit liquor from the said hutment. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to disclosure of his name by villagers. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner rather the same has been recovered from the hutment which is an open space accessible to all and sundry.

Learned counsel for the petitioner further submits that the petitioner is in custody since 01.08.2021 having no criminal antecedent.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner, petitioner is in custody since 01.08.2021 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, PRAMOD MAHTO @ PANNALAL be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-

Patna High Court CR. MISC. No.55025 of 2021(2) dt.19-05-2022 3/3 Excise, Muzaffarpur in connection with Kathaiya PS Case No. 18/2021.

(Anil Kumar Sinha, J) perwez U T