Robin Mahto @ Robin Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45915 of 2022 Arising Out of PS. Case No.-202 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== ROBIN MAHTO @ ROBIN KUMAR MAHTO Son of Methur Mahto Resident of Village - Basant @ Bishunpur Umapat, P.s.- Aurai, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Aurai P.S. Case No. 202 of 2020 registered for the offence under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 18.05.2022.

The allegation against the petitioner is to be engaged

Patna High Court CR. MISC. No.45915 of 2022(2) dt.12-09-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there is recovery of 100 litres of Spirit.

Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from a local canal, which is a public place and accessible by general public and as such it cannot be said to be recovered from conscious physical possession of the petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Aurai P.S. Case No. 202 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 learned Exclusive Special Excise, Court No.1, Muzaffarpur/concerned court, subject to the conditions as

Patna High Court CR. MISC. No.45915 of 2022(2) dt.12-09-2022 3/3 mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T