Amirak Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74921 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Amirak Mahto S/O- Late Nemo Mahto Village- Bariyarpur Ps- Piri Bazaar Dist- Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Piri Bazar P.S. Case No. 110 of 2023 registered on 05.08.2023 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, F.I.R. has been lodged against the petitioner and total 14 litres of country made mahua liquor has been recovered which is the subject matter of the present case.

4. Counsel for the petitioner submits that petitioner is innocent and has committed no offence he submits that from the seizure list it transpires that from petitioners petition only 15 liters wine has been recovered from the petitioner's land. Counsel submits that petitioner is in custody since 09.08.2023.

Patna High Court CR. MISC. No.74921 of 2023(2) dt.29-11-2023 2/3 There are three criminal cases pending against him, in which he is on bail.

5. Learned counsel for the State opposes the prayer for bail and submits that place of selling wine is the land of the petitioner from where the recovery has been made. Counsel for the State further submits that at the time of .... on bail may be taken into consideration that there are in total four criminal cases pending against the petitioner which belongs to same PS

6. In the present facts and circumstances of this case and the submissions made above, only after framing of charge in this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV-cum Special Excise Court 1st, Lakhisarai in connection with Piri Bazar P.S. Case No. 110 of 2023.

7. The speedy trial is the constitutional provision of justice. It transpires to this Court that there are total four criminal cases pending against the petitioner. The description of those cases police station wise are as follows:- I. Piri Bazar P.S. Case No. 109/19 U/S-272/273 I.P.C. and U/S 30(a) Excise Act.

II. Piri Bazar P.S. Case No. 29/19 U/S - 30(a) of

Patna High Court CR. MISC. No.74921 of 2023(2) dt.29-11-2023 3/3 Excise Act.

III. Piri Bazar P.S. Case No. 22/20 U/S-30 (a) of Excise Act.

8. The District and Sessions Judge, Lakhisarai is directed to do the needful, so that all the four cases mentioned above shall be tried expeditiously.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J) shweta/- U T