Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50746 of 2022 Arising Out of PS. Case No.-296 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Surendra Mahto Son of Uday Mahto Resident of Village - Chaksima Somnaha, Ward No.- 02, P.S.- Chakmehsi, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, (App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Excise P.S. Case No. 296 of 2020 lodged under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. As per the prosecution case, total recovery of 144 litre wine is the subject matter of the present case. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the alleged recovery of the said wine has been made from a strange place that is the agricultural cottage (Marai Tati) which

Patna High Court CR. MISC. No.50746 of 2022(2) dt.18-11-2022 2/2 is situated outside the campus of the petitioner. Counsel submits that petitioner is in custody since 06.08.2022, charge sheet has already been filed in this case and there is one case pending against him in which he is on bail.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-02, Samastipur in connection with Excise Case No. 296 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T