Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58176 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Umesh Mahto son of Late Ramchandra Mahto, Resident of village -suryapur baghwa Tola, Ps- Piprakothi, Dist- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Piprakothi P.S. Case No.76 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 30 litre country made liquor from the bamboo orchard situated behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the alleged recovery of liquor has been made from the bamboo orchard situated behind the house of petitioner which is an open place and accessible to public at

Patna High Court CR. MISC. No.58176 of 2025(2) dt.04-09-2025 2/2 large and only on the basis of suspicion he has been implicated in this case. Learned counsel submits that petitioner has no concern with the alleged seized liquor. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is in custody since 15.06.2025, having clean antecedent. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail 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 Court No.1, Motihari, East Champaran in connection with Piprakothi P.S. Case No.76 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T