Gulab Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69553 of 2022 Arising Out of PS. Case No.-471 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== GULAB MAHTO SON OF LATE RAM ASHISH MAHTO R/O VILLAGEMOTWARA CHOWK, P.S.- KEOTI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Excise Case No. 471 of 2022, registered for the offences punishable under Section 37 of Bihar Prohibition and Excise Act. The allegation is regarding the petitioner having been caught in a drunken condition and upon test it was found that he had consumed 32 mg. of illicit liquor.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he

Patna High Court CR. MISC. No.69553 of 2022(2) dt.09-02-2023 2/2 is languishing in custody since 03.09.2022.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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 learned Exclusive Special Judge-1, Excise Act, Darbhanga in connection with Excise Case No. 471 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T