Heeraman Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61147 of 2025 Arising Out of PS. Case No.-184 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Heeraman Mahto S/o Jaylal Mahto @ Jailal Mahto R/o Village- Jaridih, P.S.- Gandhinagar, District- Bokaro (Jharkhand) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Advocate Ms.Divya Bharti, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Khodawanpur P.S. Case No. 184 of 2022 registered for the offences under Sections 30(a), 32, 41(1) of Bihar Prohibition and Excise Act.
3. The petitioner is not named in the F.I.R and in custody since 03.07.2025.
4. As per FIR, total 1305 litres of illicit liquor was recovered from Pick-Up Van bearing registration no. BR09GB-4997 and one Alto Car bearing registration No. JH09AY-5002.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.61147 of 2025(2) dt.19-09-2025 2/3 petitioner submitted that petitioner was implicated in the present case only for the reason that he was the registered owner of Pick-Up Van i.e. BR09GB-4997. It is submitted that admittedly recovery of illicit liquor was not made from conscious physical possession of this petitioner. It is pointed out that nothing transpires during investigation which may suggest that carrying of consignment was within the knowledge of this petitioner.
6. While concluding argument, it is submitted that seizure list appears not supported by independent witnesses rather by police personnel. Petitioner claimed clean antecedent.
7. Learned APP appearing on behalf of the State, opposes the prayer for bail.
8. In view of the aforesaid factual submission as the recovery of illicit liquor prima facice not appears to be made from physical possession of the petitioner, coupled with the fact that petitioner remains in custody since 03.07.2025, accordingly, petitioner, above named, is directed to be released on bail in connection with Khodawanpur P.S. Case
Patna High Court CR. MISC. No.61147 of 2025(2) dt.19-09-2025 3/3 No. 184 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Rajeev/- U T