Mahesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47339 of 2025 Arising Out of PS. Case No.-170 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Mahesh Mahto S/o Late Suhawan Mahto R/o Village- Mairi Dalip, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhagwanpur Hat PS Case No. 170 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 107.5 litres of country made liquor was recovered from bushes and bag of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.47339 of 2025(2) dt.23-07-2025 2/2 that recovery is made from an open place, which is accessible to one and all. It is further submitted that the name of the petitioner has transpired on secret information. The petitioner is in custody since 06.05.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur Hat PS Case No. 170 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T