Patna High CourtCR. MISC./49750/2023allowed

Dharmendra Mahto v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49750 of 2023 Arising Out of PS. Case No.-155 Year-2020 Thana- HARLAKHI District- Madhubani ====================================================== DHARMENDRA MAHTO S/O LAXMAN MAHTO R/O Village- Sisauni, P.S- Harlakhi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the I.P.C. and Section 30(A) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 126 liters of illicit liquor from two motorcycles bearing Registration no. BR32L-2991 & BR32AD-8291 and the petitioner is alleged to have indulged in illicit trade of liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of suspicion. Petitioner has no concern

Patna High Court CR. MISC. No.49750 of 2023(2) dt.11-08-2023 2/2 with the alleged recovery of illicit liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 24.4.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harlakhi P.S. Case No. 155 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U T