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Patna High CourtCR. MISC./56284/2025allowed

Mintu Mahto v. The State Of Bihar

2025-09-24Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56284 of 2025 Arising Out of PS. Case No.-896 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Mintu Mahto, S/O Raja Ram Mahto Resident of Village- Ganga Pipar, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise Motihari P.S. Case No. 896 of 2025 for the offences registered under Sections 30(a), 41(1) of the Bihar Prohibition & Excise Act.

3. On getting secret information regarding transportation of illicit liquor through Masaudha Bazar, police team reached there and arrested the petitioner with a motorcycle. It is alleged that 90 litre illicit liquor was recovered from the sack which was tied with the motorcycle of the petitioner.

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

Patna High Court CR. MISC. No.56284 of 2025(3) dt.24-09-2025 2/3 case on mere suspicion. He has no concern with the seized liquor. He had no knowledge about the seized liquor. There is no compliance of Section 103 of B.N.S.S. in preparation of seizurelist. Petitioner has two criminal antecedents in which he is on bail. He is in custody since 12.06.2025. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 02, East Champaran at Motihari in connection with Excise Motihari P.S. Case No. 896 of 2025, subject to following conditions:- (i) the petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court itself;

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

Patna High Court CR. MISC. No.56284 of 2025(3) dt.24-09-2025 3/3 (iii) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Sunil Dutta Mishra, J.) rakhi U T