Balmiki Mahto @ Birju Mahto @ Walmik Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3574 of 2024 Arising Out of PS. Case No.-388 Year-2023 Thana- KHAIRA District- Saran ====================================================== Balmiki Mahto @ Birju Mahto @ Walmik Mahto S/O Late Nagina Mahto Village- Khaira Khanpur, Ps. Khaira, Dist.Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar, Advocate For the State :
Mr.Tapeshwar Sharma, 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 Khaira P.S. Case No. 388 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 32 litres of illicit liquor has been recovered from the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 18.10.2023 having clean antecedent.
5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.3574 of 2024(2) dt.31-01-2024 2/2
6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Court, Saran at Chapra/ concerned Court in connection with Khaira P.S. Case No. 388 of 2023.
7. The petitioner will also mark attendance in Khaira Police Station, Saran on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) P. Kumar U T