Suraj Mahto @ Suraj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72908 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- DEODHA District- Madhubani ====================================================== SURAJ MAHTO @ SURAJ KUMAR MAHTO S/O PURSHOTTAM MAHTO Resident of village- Betaunha, P.S.- Jaynagar, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Deodha P.S. Case No. 118 of 2022, corresponding in G.R. No. 1980 of 2022, registered for the offences punishable under Sections 272, 273, 414 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition Excise Act, 2016. The allegation is regarding recovery of 90 litres of illicit Nepali liquor and one motorcycle from the petitioner.

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

Patna High Court CR. MISC. No.72908 of 2022(2) dt.10-02-2023 2/3 custody since 17.10.2022. The learned counsel for the petitioner has further submitted that he has been falsely been implicated in the present case while he was passing through the place of occurrence and moreover, he is not the owner of the said motorcycle.

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 Additional Session Judge-II cum Special Judge, Excise Act, Madhubani in connection with

Patna High Court CR. MISC. No.72908 of 2022(2) dt.10-02-2023 3/3 Deodha P.S. Case No. 118 of 2022 (G.R. No. 1980 of 2022).

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