Pundeo Mahto @ Punyadev Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87696 of 2024 Arising Out of PS. Case No.-459 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Pundeo Mahto @ Punyadev Mahto S/O Late Ganga Mahto R/O VillagePataura Lala Tola, P.S. Mufassil, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Natraj Verma, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case No. 459 of 2024 dated 02.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, total 02 litres of illicit country made liquor was recovered from the hutment of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The recovery was made from an open place that
Patna High Court CR. MISC. No.87696 of 2024(2) dt.06-02-2025 2/2 was accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 02.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Muffasil P.S. Case No. 459 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T