Raja Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66443 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== Raja Mahto S/o Vindeshwar Mahto R/v- Kachhra, P.S.- Benipatti, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Saharghat P.S. Case No.186 of 2022 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 12.10.2022.

Patna High Court CR. MISC. No.66443 of 2022(2) dt.23-12-2022 2/3 The allegation against the petitioner is to be in illegal possession of illicit liquor, where, there was recovery of 144 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that alleged motorcycle was jointly occupied at the time of recovery and, as such, it can be safely gathered that recovery of illicit liquor not appears to be made from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as recovery of alleged illicit liquor not appears to be made from conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already submitted, let above named petitioner directed to be released on bail in connection with Saharghat P.S. Case No.186 of 2022 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.66443 of 2022(2) dt.23-12-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IISpecial Judge, Excise Act, Madhubani/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T