Sonalal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72827 of 2025 Arising Out of PS. Case No.-497 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Sonalal Mahto Son of Late Hari Mahto Resident of village - Mathiyadih, Noneyapatti, P.S.- Chhatauni, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 8.400 liters of Nepali country made liquor was recovered from an alleged Bhusauli.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that upon perusal of the seizure list, it would transpire that the recovery has been made from the Bhusauli belonging to the present petitioner which is situated in an open place. Nothing

Patna High Court CR. MISC. No.72827 of 2025(2) dt.14-10-2025 2/2 has been recovered from the conscious possession of the petitioners. It is further contended that all the seizure list witnesses are police personnel and the seizure list does not bear the signature of the petitioner. Moreover, the petitioner is languishing in judicial custody since 16.08.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has two criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chhatauni P.S. Case No. 497 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusiv Special Excise Court No. 1, Civil Court East Champaran at Motihari, subject to the condition that the petitioner shall not indulge himself in similar nature of offence in future.

(Ashok Kumar Pandey, J) Jagdish/- U S