Bhola Kumar @ Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56366 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Bhola Kumar @ Bhola Mahto, S/o- Jageshwar Mahto, Resident of VillageBalsandi Tara Ward no.- 7, P.S.- Bibhutipur, District-Samatipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No.11 of 2024 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 1265.4 litre of illicit liquor was recovered from the oil tanker near the Bamboo orchard of Phulwaria village. It is alleged that the accused persons including the petitioner fled away from the spot.

4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in the present case. Petitioner is not named in FIR and his name surfaced during course of investigation. It is submitted that recovery of alleged

Patna High Court CR. MISC. No.56366 of 2025(2) dt.21-08-2025 2/2 illicit liquor was not made from conscious possession of the petitioner and he has no concern with the alleged recovery of illicit liquor. It is further submitted that there is no independent witness on the seizure list. Similarly situated co-accused has already been granted regular bail by a coordinate Bench of this Court vide order dated 10.04.2024 passed in Cr. Misc. No. 27310 of 2024. Petitioner has three criminal antecedents in which he is on bail. Petitioner is in custody since 28.05.2025. He undertakes to cooperate in the trial.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, in connection with Bibhutipur P.S. Case No.11 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st, Samastipur.

(Sunil Dutta Mishra, J) khushbu/- U T