Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86586 of 2024 Arising Out of PS. Case No.-1683 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Jitendra Mahto S/O Jairam Mahto R/O Vill.- Jhauram, P.S.- Dhaka, Dist.- East Champaran.

2.

Indal Kumar S/O Dukhit Mukhiya R/O Vill.- Bisrahiya, P.S.- Dhaka, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Adv.

For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 1683 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered total 37.500 litres illicit Nepali Saufi liquor from the possession of the petitioners. It is also alleged that the police have also recovered 45.00 litres of Nepali Saufi liquor from the motorcycle bearing Regd. No. BR-05-AO-1569. The petitioners were arrested on spot.

Patna High Court CR. MISC. No.86586 of 2024(2) dt.18-12-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners are not the owner of the seized motorcycle. The petitioners have also no concern with the recovered illicit liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have no criminal antecedent and are languishing in judicial custody since 05.10.2024 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on

Patna High Court CR. MISC. No.86586 of 2024(2) dt.18-12-2024 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 1683 of 2024.

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