Patna High CourtCR. MISC./50299/2024bail granted

Mithu Kumar Sahni @ Mithu Kumar Mahto v. The State Of Bihar

2024-07-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50299 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- Excise Benipatti District- Madhubani ====================================================== 1.

Mithu Kumar Sahni @ Mithu Kumar Mahto Son of Binod Mahto @ Binod Sahni Resident of Vill- Kali Sthan, Shivaji Nagar, Ward No. 22, P.S.- Sadar, District- Darbhanga.

Hariom Sahni @ Hariom Mahto Son of Krishnadeo Mahto Resident of VillSaudagar Mohalla,P.S.- Sadar, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Benipatti Excise P.S. Case No. 110/2024 dated 29.05.2024 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 342 litres of illicit Nepali country-made liquor was recovered from the tempo.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners are neither the

Patna High Court CR. MISC. No.50299 of 2024(2) dt.15-07-2024 2/2 owner nor the driver of the said vehicle. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 30.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani, in connection with Benipatti Excise P.S. Case No. 110/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T