Pintu Kumar @ Pintoo Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63242 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- LAKHNAUR District- Madhubani ====================================================== Pintu Kumar @ Pintoo Kumar Mahto, son of Ganesh Mahto, resident of Village- Rupauli, P.S.-Lakhnaur, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Namrata Mishra, Advocate Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Lakhnaur P.S. Case No.201 of 2021 corresponding to G.R. No.1979 of 2021 registered for the offence punishable under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

There is alleged recovery of 1199.400 litres of country made liquor from the place of occurrence. It is alleged that the petitioner was engaged in illegal trade and manufacture of illicit liquor.

Patna High Court CR. MISC. No.63242 of 2022(2) dt.13-01-2023 2/3 Counsel for the petitioner submits that recovery of illicit liquor was made from fodder-house (Bhusaghar) belonging to one Dinesh Mahto. The name of the petitioner has surfaced on secret information. Recovery is not from his conscious possession. Investigation is complete and chargesheet has been submitted in this case. He has two antecedents of similar nature. He is in custody since 06.09.2022. It is submitted that similarly situated co-accused Lalu Mahto @ Shailendra Mahto has been allowed bail in Cr.Misc. No.39496 of 2022.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Jhanjharpur, in connection with

Patna High Court CR. MISC. No.63242 of 2022(2) dt.13-01-2023 3/3 Lakhnaur P.S. Case No.201 of 2021 corresponding to G.R. No.1979 of 2021, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T