Patna High CourtCR. MISC./73731/2023bail granted

Dharmendra Mahto @ Dharmendra Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73731 of 2023 Arising Out of PS. Case No.-1317 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Dharmendra Mahto @ Dharmendra Kumar S/O Ramnath Mahto VillageChhoti Pahari, Ps. Agamkuan, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 6313 of 2023 arising out of Excise (Prohibition) Patna P.S. Case No. 1317 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2022.

3. As per prosecution case, the police has recovered 100 liter illegal Chulai liquor from two jute bags which were kept in front of the house of the petitioner near the drain.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.73731 of 2023(5) dt.20-04-2024 2/3 alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 17.08.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.73731 of 2023(5) dt.20-04-2024 3/3 Court below/concerned Court in connection with Special Case No. 6313 of 2023 arising out of Excise (Prohibition) Patna P.S. Case No. 1317 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T