Saroj Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66339 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- ISUAPUR District- Saran ====================================================== SAROJ MAHATO SON OF RADHAN MAHATO RESIDENT OF VILLAGE - DHAMA PARSA, P.O- AMARDAH , P.S- ISHUAPUR, DISTSARAN AT CHAPRA, PIN CODE- 841421 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhen Sarkar For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard.

The petitioner seeks regular bail in connection with Ishuapur P.S. Case No. 59 of 2021, registered for the offence punishable under sections 272, 273, 120(B) of the Indian Penal Code and Sections 30, 30(a), 33, 36 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 720 liters of illicit spirit from behind the house of the co-accused person namely Birendra Mahto.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a

Patna High Court CR. MISC. No.66339 of 2021(2) dt.13-01-2022 2/3 clean antecedent and is languishing in custody since 20.9.2021. The learned counsel for the petitioner has further submitted that no illicit liquor has been recovered either from the conscious possession of the petitioner or from his house, as has been stated in paragraph no. 9 and 10 of the present petition.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered either from the conscious possession of the petitioner or from the house of the petitioner, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court CR. MISC. No.66339 of 2021(2) dt.13-01-2022 3/3 amount each to the satisfaction of learned II Additional Sessions Judge cum Special Judge, Excise, Saran at Chapra in connection with Ishuapur P.S. Case No. 59 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T