Kamlesh Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77255 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- BARHARIA District- Siwan ====================================================== Kamlesh Mahato Son Of Paramanand Mahto @ Ramanand @ Ramanand Mahato Resident Of Village - Khanpur, P.S. - Barharia, District - Siwan, Bihar - 841232 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Barharia PS Case No. 308 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 1339.200 liters liquor was recovered from tractor.
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. Petitioner was not arrested on the spot and his name sprang in this case on the
Patna High Court CR. MISC. No.77255 of 2024(2) dt.28-10-2024 2/2 basis of confessional statement of co-accused, namely, Abhishek Kumar. Petitioner has no concern with the tractor. The petitioner is in custody since 06-09-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. 5.
Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barharia PS Case No. 308 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T