Patna High CourtCR. MISC./65075/2023bail granted

Subodh Mahto v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65075 of 2023 Arising Out of PS. Case No.-173 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== SUBODH MAHTO Son of Late Somar Mahto R/o vill - Saree Ramnagar, P.s. - Warisnagar, Distt. - Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Warisnagar (Mathurapur OP) P.S. Case No. 173 of 2023 dated 20.05.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 5 litres of chulai liquor was recovered from the shop of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner rather the recovery has been made from an open

Patna High Court CR. MISC. No.65075 of 2023(2) dt.13-10-2023 2/2 place. The petitioner is accused in three other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Warisnagar (Mathurapur OP) P.S. Case No. 173 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T