Amit Kumar @ Kalu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6683 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Amit Kumar @ Kalu Mahato S/o Sri Bittu Mahato @ Jitu Mahato @ Jitendra Mahato R/o Village- Sherpur, Kayastha Tola, P.S.- Sadar DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar, Adv.

For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sadar P.S. Case no. 20 of 2020 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 129.06 litres of IMFL was recovered in front of the house of the petitioner. It is submitted by learned counsel for the petitioner that he is innocent and has been falsely implicated in the case. The petitioner has no concern with the tank in front of his house

Patna High Court CR. MISC. No.6683 of 2021(4) dt.06-07-2021 2/2 from which the alleged recovery has taken place nor with the recovered IMFL. He has been falsely implicated in the case because of his antecedent. He is in custody since 14.10.2020. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 8 months and charge-sheet having been submitted in the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sadar P.S. Case no. 20 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur.

(Partha Sarthy, J) Bibhash U