Ramashankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68164 of 2021 Arising Out of PS. Case No.-382 Year-2021 Thana- EKMA District- Saran ====================================================== RAMASHANKAR MAHTO Son of Late Mosafir Mahto Resident of village - Banwari Amnour, P.S.- Ekma, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-06-2022 Heard.

The petitioner seeks regular bail in connection with Ekma P.S. Case No. 382 of 2021, registered for the offence punishable under sections 30(a)41(i)(ii) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 12 liters of illicit liquor from the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is accused in three other cases but he is on bail in all the said three cases. It is also submitted that the petitioner has already been sufficiently punished in as much as he is languishing in custody since 26.9.2021. Per contra, the learned APP for the State has

Patna High Court CR. MISC. No.68164 of 2021(2) dt.07-06-2022 2/2 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 period of incarceration, 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 amount each to the satisfaction of the learned court of 2nd Addl. Sessions Judge cum Special Judge, Excise, Saran in connection with Ekma P.S. Case No. 382 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U