Rajendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== RAJENDRA MAHTO Son LATE ANANDI MAHTO Resident of Village - Berma, P.S. - Lakhanour, (R.S.O.P.), District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Lakhanour (R.S.O.P.) P.S. Case no. 247 of 2020 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the first information report, 52.125 litres of IMFL is stated to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the allegation of recovery is false and incorrect. No incriminating article has been recovered. The petitioner has no criminal antecedent and is in custody since 9.10.2020. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.2 of 2021(2) dt.19-03-2021 2/2 The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Lakhanour (R.S.O.P.) P.S. Case no. 247 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 Additional Sessions Judge II, - cum - Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Spd/- U T