Patna High CourtCR. MISC./86555/2024bail granted

Jiwa Mahto v. The State Of Bihar

2025-01-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86555 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- JALALPUR District- Saran ====================================================== Jiwa Mahto S/O Mahesh Mahto R/O Vill.- Hasanpurwa, P.S.- Chapra Muffasil, Dist.- Saran Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv.

Mr. Mani Bhushan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 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 Jalalpur P.S. Case No. 250 of 2024 dated 27.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 360 litres of illicit country made liquor was recovered from one Alto Car and 10 litres of illicit country made liquor was recovered from a motorcycle.

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 petitioner is not the owner but he is driver of

Patna High Court CR. MISC. No.86555 of 2024(2) dt.18-01-2025 2/2 the said Car. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.10.2024.

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, Saran at Chapra in connection with Jalalpur P.S. Case No. 250 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T