Upadhya Singh @ Upadhya Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49624 of 2025 Arising Out of PS. Case No.-181 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Upadhya Singh @ Upadhya Mahto Son of Late Dukhi Singh @Dukhi Mahto Resident of Village - Dahiyar, Post Office - Karwandiya, Police Station - Sasaram (M), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sasaram (M) P.S. Case No. 181 of 2018 dated 09.10.2018 registered for the offences punishable u/s 414 of the Indian Penal Code and u/s 30(a)(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 50 litres of illicit country made liquor was recovered near the bank of the Kao river.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no
Patna High Court CR. MISC. No.49624 of 2025(2) dt.28-07-2025 2/2 concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner 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, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 181 of 2018.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T