Patna High CourtCR. MISC./1337/2025bail granted

Krishna Mahto v. The State Of Bihar

2025-01-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1337 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== Krishna Mahto Son of Late Jhapsi Mahto Resident of Village - Bahadurpur Dib Tola, Ward No. 13, P.S. - Areraj, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Areraj P.S. case No. 144 of 2024 instituted for the offences under Sections 274, 275 of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 24 liters liquor was recovered from jute sack.

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

Patna High Court CR. MISC. No.1337 of 2025(2) dt.21-01-2025 2/2 further submitted that recovery is made by the side of the road which is open place accessible to one and all and the petitioner was a passers by of the way. The petitioner is in custody since 06.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Areraj P.S. case No. 144 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T