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2025 DAILYLAW 90666 (PAT)

Santosh Mahto @ Santosh Kumar Mahto v. The State of Bihar

CR. MISC./1066/2025 · 2025-02-19

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1066 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- MADHWAPUR District- Madhubani ====================================================== Santosh Mahto @ Santosh Kumar Mahto Son of Bharat Mahto Resident of Village - Balawa, P.S. - Madhwapur, District - Madhubani ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Jha For the Opposite Party/s : Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Madhwapur P.S. Case No. 132/2024 dated 10.11.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and 274 and 275 of the I.P.C. 3. As per the prosecution case, total 180 litres of illicit Nepali country-made liquor was recovered from the four jute sacks which was being carried by the petitioner and the co- accused persons. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in Patna High Court CR. MISC. No.1066 of 2025(2) dt.19-02-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not apprehended on the spot. The apprehended person disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.11.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Madhwapur P.S. Case No. 132/2024. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T