Patna High CourtCR. MISC./52038/2024bail granted

Sunil Kumar Mahto @ Sunil Kumar v. The State Of Bihar

2024-07-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52038 of 2024 Arising Out of PS. Case No.-215 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Sunil Kumar Mahto @ Sunil Kumar S/o- Jodhan Mahto Village- Manikpur W.No- 11, Ps- Fulkaha Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 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 Araria Excise Circle P.S. Case No. 215 of 2024 dated 23.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 99 litres of illicit Nepali country made liquor was recovered from the Hundai Motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle.

Patna High Court CR. MISC. No.52038 of 2024(2) dt.23-07-2024 2/2 The seized vehicle belongs to one Bechan Sharma. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.05.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Araria in connection with Araria Excise Circle P.S. Case No. 215 of 2024.

7. The application stands allowed.

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