The Patna High Court granted bail to the petitioner, who had been in custody for over a year, in a case involving liquor prohibition and cheating. He was directed to furnish a bond with sureties.
Enlarged on bail by furnishing Rs.10,000 bond with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24998 of 2021
Arising Out of PS. Case No.-200 Year-2020 Thana- SAKRA District- Muzaffarpur
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UMESH MAHTO S/o Late Nandlal Mahto R/o village- Korogama, P.S.Sakra, District- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s : Mr. Chandra Sen Pd. Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
5 09-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 267, 268, 420, 272 and 273 of the Indian Peal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, about 645 litres of liquor is stated to have been recovered from the furniture shop belonging to this petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or shop. He has been falsely implicated in the case because of his antecedents. He is in custody since 1.12.2020.
Heard learned APP for the State.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.24998 of 2021(5) dt.09-12-2021 2/2
taking into consideration the facts of the case including the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Sakra P.S. Case no. 200 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether the petitioner be enlarged on bail given his custody duration.
2 provisions across 2 enactments
Umesh Mahto
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
