Vinod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58267 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Vinod Kumar Mahto, Son of Jayshree Mahto Resident of village - Koini, P.S.- Manjhagarh, District - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Shubhangi Pandey, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 222 of 2024 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 17.6 litre illicit country made liquor from a motorcycle. Petitioner along with other co-accused persons managed to flee away from the spot. It is alleged that petitioner and other accused persons assaulted the police personnel.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case at the instance of Mahal Chaukidar. Petitioner was not arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has neither concern with the

Patna High Court CR. MISC. No.58267 of 2025(2) dt.10-09-2025 2/2 motorcycle nor with the seized liquor. Charge-sheet has already been submitted after completion of the investigation. There is no independent witness to the seizure-list. Petitioner has two criminal antecedents. He is in judicial custody since 03.07.2025.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-XIII-cum-Special Judge Excise-I, Gopalganj in connection with Manjhagarh P.S. Case No. 222 of 2024, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.

(Sunil Dutta Mishra, J.) rakhi/- U T