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2025 DAILYLAW 42507 (PAT)

Rajendra Mahto v. The State of Bihar

CR. MISC./31535/2025 · 2025-05-14

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31535 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Rajendra Mahto S/o- Utilal Mahto Vill- Sangrampur, Wad No-9 PS- Sangrampur Distt- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s : Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Sangrampur P.S. case No. 12 of 2025 instituted for the offences under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 40 liters liquor was recovered from gallon along with 1000 liters mixture. 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 Patna High Court CR. MISC. No.31535 of 2025(2) dt.14-05-2025 2/3 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of the place from where recovery is made. The petitioner was only a passersby of the way. The petitioner is in custody since 24.02.2025 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 Sangrampur P.S. case No. 12 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member Patna High Court CR. MISC. No.31535 of 2025(2) dt.14-05-2025 3/3 of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Pankaj/- (Rudra Prakash Mishra, J) U T