Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53290 of 2022 Arising Out of PS. Case No.-74 Year-2021 Thana- GURUA District- Gaya ====================================================== Dharmendra Mahto Son Of Lalit Mahto R/O Village- Parsohada, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Adv.

For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 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.

The petitioner seeks regular bail in connection with Gurua P.S. Case No. 74 of 2021 lodged under Section 353 of the I.P.C. read with Sections 30(a), 61 of the Prohibition & Excise Act, 2016.

As per the prosecution case, the total recovery of 600 litres of mahua wine and other articles used in preparation of liquor have alleged to be made from abandon state near samsan ghat.

Learned counsel for the petitioner submits that he is innocent and a man of clean antecedent. He submits that his

Patna High Court CR. MISC. No.53290 of 2022(2) dt.21-10-2022 2/2 name has figured in this case by virtue of confessional statement of the co-accused. He submits that petitioner is in custody since 20.04.2022. Charge sheet has already been filed in this case. 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 Excl. Spl. Excise Judge Court No. 02, Gaya, in connection with Gurua P.S. Case No. 74 of 2021, 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.) prakashmani/- U T