Patna High CourtCR. MISC./67863/2024bail granted

Kamli Mahto v. The State Of Bihar

2024-09-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67863 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Kamli Mahto S/O Ram Krishun Mahto R/O Village - Khawa Chandra Tola, P.S - Mednichowki, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 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 Mednichowki P.S. Case No. 190 of 2024 dated 25.08.2024 registered for the offences punishable u/ss 30(a), 32 and 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1 litre of illicit country made liquor was recovered from the possession of the petitioner and 96.7 mg/100 ml alcohol was detected from the petitioner after breath analyzer test.

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 conscious possession of the petitioner. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.67863 of 2024(2) dt.24-09-2024 2/2 recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 26.08.2024.

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, Lakhisarai in connection with Mednichowki P.S. Case No. 190 of 2024.

7. The application stands allowed.

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