Munna Mahto @ Munna Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84371 of 2024 Arising Out of PS. Case No.-318 Year-2024 Thana- AMNAUR District- Saran ====================================================== Munna Mahto @ Munna Mahato S/O Shiv Lal Mahato R/O villageJagdishpur , P.S.- Maker , Dist.-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 30(a), 33, 34, 47 of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery o 1365 litres of illicit liquor from pickup vans bearing Reg. No. BR-06-GD4840 and BR-06-GF-0844. Three persons (Ajit Kumar, Krishna Deo Rai and Shailendra Kumar) were apprehended from the spot. Apprehended persons disclosed the name of petitioner and other co-accused persons as the persons who

Patna High Court CR. MISC. No.84371 of 2024(3) dt.28-02-2025 2/3 fled away from the place of seizure.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitione was apprehended on the spot nor anything incriminating has been recovered from his conscious possession. His name sprang up on the basis of confessional statement of apprehended coaccused persons. He has no concern either with the illicit liquor or with other co-accused persons. Moreover, the petitioner is languishing in judicial custody since 01.10.2024. Similarly situated co-accused, namely, Arvind Rai has already been granted bail vide order dated 31.01.2025, passed in Cr. Misc. No. 85995 of 2024, by this court.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Amnour P.S.

Patna High Court CR. MISC. No.84371 of 2024(3) dt.28-02-2025 3/3 Case No. 318 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Special Judge, Excise, Saran.

(S. B. Pd. Singh, J) Nirajkrs/- U T