Patna High CourtCR. MISC./51251/2025bail granted

Dasrath Mahto v. The State Of Bihar

2025-07-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51251 of 2025 Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Dasrath Mahto S/o Manager Mahto R/O Vill- Mirzapur, 2, P.S- Marhowrah, Distt- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Marhowrah P.S. Case No. 746 of 2023 dated 03.12.2023 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 325, 332, 333, 307 and 353 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 75 litres of illicit country made liquor was recovered from the bush near the canal (Piyarpurwa).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.51251 of 2025(2) dt.31-07-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Marhowrah P.S. Case No. 746 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T