Patna High Court - Orders
Rohit Kumar Mahto vs The State Of Bihar on 22 April, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30518 of 2024
Arising Out of PS. Case No.-27 Year-2024 Thana- PANJWARA District- Banka
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1. Rohit Kumar Mahto son of Yogendra Mahto @ Yogendra Prasad Mahto
Village- Murlidih PS- Godda Jharkhand
2. Karan Kumar Singh son of Late Mahavir Singh Village- Fateh Tola Amarpur
PS- Godda Dist- Godda Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Anmol Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 22-04-2024Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Panjwara P.S. Case No. 27 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 346.530 liters liquor was recovered from two cars out of which 265.530 liters liquor was recovered from the car of the petitioners. Both the petitioners were apprehended on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered Patna High Court CR. MISC. No.30518 of 2024(2) dt.22-04-2024 2/2 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 14.03.2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Panjwara P.S. Case No. 27 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/-
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