Krishnandan Mahto @ Dasrath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83400 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Krishnandan Mahto @ Dasrath Mahto Son Of Jago Mahto Resident Of Village- Khawa Nanhki Tola, Ps- Mednichowki, Distt- Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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), 37 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 165 litres of country made liquor kept in container.

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 seizure. The recovery was made from public land. There is no independent witness of

Patna High Court CR. MISC. No.83400 of 2023(2) dt.04-01-2024 2/2 the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 29.09.2023. 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 Sessions Judge V,-cum-Exclusive Special Court No. II, Excise, Lakhisarai in connection with Mednichowki P.S. Case No. 155 of 2023.

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