Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66794 of 2021 Arising Out of PS. Case No.-406 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== UMESH MAHTO, S/o Late Ranglal Mahto Resident of Village - Kachaharipur, P.S. - Sonbarsa, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 849 litres of liquor was recovered from the Tata Magic vehicle and the petitioner was taken into custody.

It is submitted by learned counsel for the petitioner that on perusal of the FIR itself, it would transpire that the petitioner is a mechanic and at the relevant time, he was examining the vehicle. He was neither the driver nor the Khalasi of the vehicle and has neither any concern nor any knowledge with re-

Patna High Court CR. MISC. No.66794 of 2021(4) dt.17-05-2022 2/2 spect to the contents of the goods loaded. He is in custody since 26.08.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner not having any criminal antecedent, period in custody being eight months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with C2 Case No. 406 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge IInd-cum-Special Judge (Excise), Sitamarhi.

(Partha Sarthy, J) sanjeev/- U T