Pappu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61485 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Pappu Mahto Son of Chandeshwar Mahto Resident of Village - Kushahar Khap Patti, P.S. - Mahua, District - Vaishali 2.

Pawan Kumar Son of Sri Ram Narayan Ray Resident of Village - Khirachak, P.S. - Mahua, District - Vaishali 3.

Bobby Kumar @ Babby Kumar Son of Ramesh Ray Resident of Village - Khirachak, P.S. - Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bahadurpur P.S. Case No. 226 of 2024 dated 27.06.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 224.25 litres of illicit foreign liquor was recovered from the truck.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.61485 of 2024(2) dt.28-08-2024 2/2 this case. The petitioner no.1 is the driver, petitioner no.2 is the codriver and the petitioner no.3 is the co-passenger of the said truck. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioner no.1 has one criminal antecedent and petitioner nos. 2 and 3 have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.06.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are 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, Darbhanga in connection with Bahadurpur P.S. Case No. 226 of 2024.

7. The application stands allowed.

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