Pramod Mahto @ Pramod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72170 of 2021 Arising Out of PS. Case No.-256 Year-2021 Thana- WARISNAGAR District- Samastipur ====================================================== Pramod Mahto @ Pramod Kumar Mahto Son of Dev Narayan Mahto Resident of Village- Jhilli Chauk Mathurapur Ward No.-9, P.S.- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Warisnagar P.S. Case No. 256 of 2021, registered for the offence punishable punishable under Section 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 6 litres of country made liquor and 5.250 litres of foreign liquor total 12 litres of illicit liquor has been recovered from possession of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is in custody since 20.09.2021. Investigation is complete.

Learned APP however vehemently opposed the prayer

Patna High Court CR. MISC. No.72170 of 2021(2) dt.10-03-2022 2/2 for bail and submitted that petitioner has got criminal antecedent of similar nature.

Considering the facts aforesaid and the fact that petitioner has got criminal antecedent of similar nature, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U T