Patna High CourtCR. MISC./72813/2023bail granted

Baijnath Mahto v. The State Of Bihar

2023-11-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72813 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Baijnath Mahto son of Late Ram Vilash Mahto Village- Uda W.No-3, PsUdakishunganj Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the State :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and Mr. Md. Anzarul Haque Sahara, learned APP for the State.

2. The petitioner seeks bail in connection with Udakishunganj P.S. Case No. 198 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, there is recovery of 105 litres of illicit liquor from the bag.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is in jail since 23.06.2023.

Patna High Court CR. MISC. No.72813 of 2023(2) dt.09-11-2023 2/2

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Vth-cum- Special Judge Excise Act 1st, Madhepura in connection with Udakishunganj P.S. Case No. 198 of 2023.

7. The petitioner will also mark attendance in Udakishunganj Police Station, Madhepura on the first and third Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) P. Kumar U T