Patna High CourtCR. MISC./54276/2024bail granted

Anand Kumar Mahto v. The State Of Bihar

2024-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54276 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- Mabby OP District- Darbhanga ====================================================== 1.

Anand Kumar Mahto Son Of Jagdish Mahto R/O- Mugauli, P.S.- Saraiya, Distt.- Muzzafarur 2.

Mukesh Kumar Son Of Prithvi Ray R/O- Village- Kuiyan P.S.- Saraiya, Distt.- Muzzafarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubham Sourav, Adv For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Mabbi P.S. Case No. 19 of 2024 dated 13.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 290.160 litres of illict foreign liquor was recovered from the Truck.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner no. 1 is the driver and the the petitioner no. 2 is the co-driver of the said seized vehicle.

Patna High Court CR. MISC. No.54276 of 2024(2) dt.29-07-2024 2/2 The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent and the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. As per para nine of the bail petition the petitioners are in custody since 14.06.2024.

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 nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga, in connection with Mabbi P.S. Case No. 19 of 2024.

7. The application stands allowed.

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