Patna High CourtCR. MISC./72470/2024bail granted

Mantosh Kumar @ Mantosh Rai v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72470 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Mantosh Kumar @ Mantosh Rai S/o Kashi Rai R/O Village- Masanthana, P.S- Jadopur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 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 Jadopur P.S. Case No. 120 of 2024 dated 21.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 468 litres of illicit country made liquor kept in a sack was recovered from the boat on the bank of the Gandak river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said boat and he has no concern with the alleged recovery. The recovery has been

Patna High Court CR. MISC. No.72470 of 2024(2) dt.05-10-2024 2/2 made from an open place which is accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 05.08.2024.

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, Gopalganj in connection with Jadopur P.S. Case No. 120 of 2024.

7. The application stands allowed.

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