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2025 DAILYLAW 43979 (PAT)

Deepak Mahto v. The State Of Bihar

/32944/2025 · 2025-05-22

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32944 of 2025 Arising Out of PS. Case No.-645 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Deepak Mahto S/O Late Shivjee Mahto R/O Village- Sadha, P.s.- Chapra Muffasil, Dist.- Saran ... ... Petitioner/s Versus The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar, Adv For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 22-05-2025 Heard learned counsel for the petitioner and the learned APP for the State. 2. The petitioner makes a prayer for grant of regular bail in a case registered for the offences punishable under Sections 30(a)of the Bihar Prohibition & Excise Act. 3. The FIR and seizure list would go to show that a total 215 liters of country made liquor has been recovered from four sacks, out of which, it is alleged that 60 liters of liquor has been recovered from the sack which was left behind by the petitioner. 4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on account of Patna High Court CR. MISC. No.32944 of 2025(2) dt.22-05-2025 2/3 the disclosure made by the local chaukidar, however, the petitioner was not arrested from the spot. Hence, there is no recovery from physical and conscious possession of the petitioner and it has also been pointed out that there is no independent witness to the seizure list. The petitioner is in custody since 03.04.2025. 5. The learned APP opposes the prayer for bail on the ground that the petitioner has seven other cases of similar nature, out of which, petitioner is on bail in five cases and two other cases are pending consideration. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner shall be enlarged 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 court below where the case is pending/ successor court in Chapra Muffasil P.S. Case No. 645 of 2024 subject to the following conditions:- (i) One of the bailors shall be a relative/ close member of the family of the petitioner. (ii) The trial court shall verify the criminal antecedent of the petitioner before releasing him on bail which shall be done expeditiously without causing any delay. Patna High Court CR. MISC. No.32944 of 2025(2) dt.22-05-2025 3/3 (iii) The petitioner shall co-operate in the investigating/ trial. N.K/- (Soni Shrivastava, J) U T