Patna High CourtCR. MISC./77992/2024bail granted

Pradeep Mahto @ Arjun Mahto @ Arjun Kumar v. The State Of Bihar

2024-10-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77992 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Pradeep Mahto @ Arjun Mahto @ Arjun Kumar S/O Tapeshwar Mahto R/O Village- Shobhepur, Police Station- Nayagaon, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nayagaon P.S. Case No. 178 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 155 liters liquor was recovered from diara.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the alleged recovery has

Patna High Court CR. MISC. No.77992 of 2024(2) dt.29-10-2024 2/2 been made from an open place which is easily accessible to public at large. The petitioner is in custody since 17.09.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nayagaon P.S. Case No. 178 of 2024.

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