Jaynath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.374 of 2024 Arising Out of PS. Case No.-785 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== JAYNATH MAHTO SON OF LAKKHY MAHTO RESIDENT OF VILLAGE - RUPGANJ, P.S. - CHAPRA TOWN, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Chapra Town P.S. Case No.785 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 150 litres of illicit liquor from possession of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, name of the petitioner surfaced on the basis of confessional statement of other coaccused person, namely, Munna Ji, who was arrested on spot. It

Patna High Court CR. MISC. No.374 of 2024(3) dt.20-02-2024 2/3 is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is in custody since 18.10.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Chapra Town P.S. Case No.785 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Judge, Saran at Chapra.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.374 of 2024(3) dt.20-02-2024 3/3 released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T