Sunil Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55805 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Sunil Mahto Son of Sri Ram Lalit Mahto Resident of village - Kamtaul, P.S.- Harlakhi, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 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 through virtual mode.
The petitioner seeks regular bail in connection with Harlakhi P.S. Case No. 249 of 2022 lodged under Sections 272, 273/34 of I.P.C. and 30(a) of the Bihar Prohbition and Excise Act, 2022.
As per the prosecution case, total recovery of 90 liter of wine has been made, which is subject matter of the present case.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 14.08.2022 having
Patna High Court CR. MISC. No.55805 of 2022(2) dt.02-12-2022 2/2 clean antecedent. Charge-sheet has already been filed in this case. Learned counsel for the petitioner submits that petitioner was not apprehended from the place of occurrence. He submits that the allegation against the petitioner is that he as sitting in a nearby car and he was playing a role of liner. He also submits that petitioner was apprehended from the place of occurrence. 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 Addl. Sessions Judge -II- CumSpecial Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 249 of 2022, 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.) ashishsingh/- U T