Patna High Court - Orders
Hari Narayan Mahto vs The State Of Bihar on 17 November, 2022
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57554 of 2022
Arising Out of PS. Case No.-234 Year-2022 Thana- BAKHARI District- Begusarai
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Hari Narayan Mahto Son of Late Ram Dev Mahto Resident of Village -
Abhuar, Ward no.- 12, Mohanpur, P.S.- Bakhri, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajiv Prashant, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-11-2022Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Bakhri P.S. Case No. 234 of 2022 registered for the offence under Section 120(B) of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 17.07.2022.
The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 733.83 litres of IMFL/country made liquor from the place of occurrence.
Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of illicit liquor was made from Patna High Court CR. MISC. No.57554 of 2022(2) dt.17-11-2022 2/2 one hut beside the house of this petitioner, where petitioner is not connected in any manner. It is further submitted that the seizure list also appears doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bakhri P.S. Case No. 234 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/-
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