Patna High CourtCR. MISC./86880/2024bail granted

Vijay Mahto v. The State Of Bihar

2024-12-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86880 of 2024 Arising Out of PS. Case No.-399 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Vijay Mahto S/o- Late Shivshankar Mahato @ Sheoshankar Mahato Resident of village- Samera bhola tola Ps- Turkauliya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard Mr. Aditya Kumar Pandey, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Turkauliya PS Case No. 399 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 total 30 litres of country made liquor was recovered from bicycle. 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. It is submitted that the name of the petitioner has transpired as being owner of the bicycle. The petitioner is in custody since 21.09.2024 and

Patna High Court CR. MISC. No.86880 of 2024(2) dt.19-12-2024 2/2 has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya PS Case No. 399 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T