Patna High CourtCR. MISC./3288/2024bail granted

Manish Mahto v. The State Of Bihar

2024-01-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3288 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- Excise P.S. District- Madhubani ====================================================== MANISH MAHTO SON OF TRIBHUVAN MAHTO Resident of Village - Khoriya, Police Station - Pupri, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Suman Kumari Singh For the State :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Benipatti Excise P.S. Case No. 116 of 2023 corresponding to G.O. No. 3598 of 2023 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, from a Wagon R Car, a recovery of 243 liters of illicit liquor was made.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner.

5. It is also submitted by the learned counsel for the petitioner that the petitioner has clean antecedent and he is in jail since 15.11.2023.

6. It has further been submitted by the learned counsel for the petitioner that the petitioner, without accepting

Patna High Court CR. MISC. No.3288 of 2024(2) dt.31-01-2024 2/2 his guilt undertakes to deposit a sum of Rs. 25,000/- in Ramakrishna Mission Sevashram, Muzaffarpur.

7. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

8. Considering the aforesaid aforesaid facts and the clean antecedent of the petitioner, this application is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani in connection with Benipatti Excise P.S. Case No. 116 of 2023 corresponding to G.O. No. 3598 of 2023.

10. The petitioner is directed to bring a receipt of payment of Rs. 25,000/- in the Ramakrishna Mission Sevashram, Muzaffarpur at the time of furnishing his bail bonds and the trial Court will accept the bail bonds of the petitioner only after verifying the genuineness of the same. (Sandeep Kumar, J) Vikas/- U T