Subhash Kr. Mahto @ Subhash Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56652 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Subhash Kr. Mahto @ Subhash Kumar Mahto. S/o Sri Bhagwan Mahto Resident of Village- Mahamod Patti, Ward No.1, P.S.- Khaira, Dist- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr. Surendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chapra Excise P.S. Case No.106 of 2025, registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 11.355 liter foreign liquor from the under seat of motorcycle which does not bear any registration number.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is neither driver nor owner of the seized motorcycle and he has no concern with the seized liquor. Learned counsel submits that only on the basis of

Patna High Court CR. MISC. No.56652 of 2025(2) dt.21-08-2025 2/2 suspicion, petitioner has been arrested. He further submits that petitioner is in custody since 28.05.2025, having clean antecedent. Learned counsel submits that there is no chance of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.III, Saran in connection with Chapra Excise P.S. Case No.106 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T