Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75110 of 2022 Arising Out of PS. Case No.-522 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== Dharmendra Mahto Son Of Junrvi Mahto R/O Village- Tarwa Mangarpal, P.S.- Dariyapur, District- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of 160 litres of country made liquor from Chawar at the side of road. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. It is further submitted that no examination with regard to the recovered article have been got conducted to come to conclusion as to whether the recovered article is country made liquor and in absence whereof the recovery of country made liquor cannot be proved. Moreover, the petitioner

Patna High Court CR. MISC. No.75110 of 2022(2) dt.25-02-2023 2/2 is languishing in judicial custody since 18.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 2nd-cum-First Exclusive Special Court, Excise, Saran, Chapra in connection with Dariyapur P.S. Case No. 522 of 2022.

(Sunil Kumar Panwar, J) nirajkrs/- U T