Sunil Kumar Mahto @ Sunil Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8427 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== 1.

SUNIL KUMAR MAHTO @ SUNIL KUMAR MAHATO S/O kabilash Mahto Village- Chakdah, P.S. - Laukha, District - Madhubani. 2.

Chhote Lal Thakur S/O Khushi Lal Thakur R/O Village - Parsahi, P.S. - Khutauna, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Laukaha P.S. Case No. 276 of 2020 registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on search being conducted, it is stated that 17.7 litres and 21.9 litres of liquor was recovered from the two petitioners herein. A total of 62.1 litres of liquor was recovered.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No. 8427 of 2021(2) dt.02-06-2021 2/2 that no incriminating article has been recovered from their person or possession. They have been falsely implicated in the case. They are in custody since 22.9.2020 and have no criminal antecedent. Chargesheet has been submitted in the case. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioners not having any criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Laukaha P.S. Case No. 276 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge (Excise Act), Madhubani.

(Partha Sarthy, J) Spd/- U T