Jagarnath Mahto @ Magni Mahto @ Jagrnath Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53540 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Jagarnath Mahto @ Magni Mahto @ Jagrnath Mahto Son Of Late Binda Mahto Resident Of Village - Manupur, P.S. - Dighwara, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Sinha, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Dighwara PS Case No. 154 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 137.52 litres of country made liquor and English wine were recovered from behind the house of co-accused, Munna Mahto.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge sheet has already been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no
Patna High Court CR. MISC. No.53540 of 2024(2) dt.07-08-2024 2/2 concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 19-05-2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
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, charge sheet being submitted 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 Dighwara PS Case No. 154 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T