Petitioner accused of liquor smuggling under Bihar Prohibition and Excise Act sought bail. High Court granted bail upon furnishing bonds and sureties considering clean antecedents and filed charge sheet.
Directed petitioner to be released on bail on furnishing bonds of Rs. 5,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55898 of 2021
Arising Out of PS. Case No.-281 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur
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RAM BABU MAHTO S/o LATE LALO MAHTO R/o VILLAGE-MILKI, WARD No.10, P.S-KHANPUR, DISTRICT-SAMASTIPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Roy For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 07-01-2022
The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard learned counsel for the petitioner and learned APP Sri Parmanand Kumar for the State.
Petitioner seeks bail in connection with Samastipur (Muffasil) P.S. Case no. 281 of 2021 registered for the offence punishable under sections 30(a) and 41(i)(ii) of Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 24.6.2021, is person with clean antecedent and charge sheet has been submitted. Allegation is
Patna High Court CR. MISC. No.55898 of 2021(2) dt.07-01-2022 2/2
recovery of 2106.900 liters of liquor while it was being unloaded and the petitioner along with three others were arrested. Learned counsel submits that petitioner is a labourer and was not knowing what he was unloading from vehicle.
Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody, is person with clean antecedent and charge sheet has been submitted, petitioner is directed to be released on bail on furnishing bail bonds of Rs 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cum-Special Judge, Excise, Samastipur in Samastipur (Muffasil) P.S. Case no. 281 of 2021.
(Satyavrat Verma, J)
s.hassan/-
U T
1 issue framed by the court
Whether the petitioner, accused in liquor smuggling case, is entitled to bail given his clean antecedents and submission of charge sheet.
1 provisions across 1 enactments
Ram Babu Mahto
The State of Bihar
Satyavrata Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
