The Patna High Court rejected a bail petition in a prosecution for manufacture of spurious liquor causing deaths, noting absence of new material. It directed the trial court to conclude the trial within nine months.
Petition rejected; direction to conclude trial within 9 months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13665 of 2023
Arising Out of PS. Case No.-8 Year-2022 Thana- MAKER District- Saran
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BIRENDRA MAHTO @ MAN MAHTO SON OF SHIVLAL MAHTO R/O VILLAGE- JAGDISHPUR, P.S.- MAKER, DISTRICT- SARAN
... ... Petitioner/s
Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Satyendra Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-03-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in judicial custody in connection with Maker P.S. Case No. 08/2022 for the offences under Sections 272, 273, 328, 308, 304 and 120(B)/34 of the Indian Penal Code and Section 30(a), 37(B), 33 and 34 of the Bihar Prohibition and Excise Act, 2018.
The allegation in the FIR is that police got information through a viral video that one Md. Isha Tailer died after consuming spurious liquor. Upon reaching his house, the villagers informed about the alleged spurious liquor being manufactured by Munna Mahto and Birendra Mahto. Accordingly, the police raided their house and recovered 1,600 liters of spurious liquor from their house. Birendra Mahto was nabbed and thereafter their shop was also raided from where 380 liters of spurious liquor was recovered/seized from northern room while 9.420 liters of English wine along with
Patna High Court CR. MISC. No.13665 of 2023(2) dt.01-03-2023 2/2
cough syrup and empty bottles, packing machine and other materials were recovered/seized by the police.
It has further been alleged in the FIR that after drinking the said spurious liquor from the shop of Munna Mahto and Birendra Mahto, number of people died. The names of people who died were Ramnath Mahto, Md. Isha Tailer and Samar Mahto while Paltan Mahto and Suraj Baitha were under treatment.
Once again the petitioner has moved this court as would appear from the last order dated 21.07.2022, the allegation is there against (Munna Mahto) and Birendra Mahto @ Man Mahto that has also led to recovery/seizure of illicit liquor from their house and there is nothing new to take another view.
Accordingly, the petition stands rejected.
Taking into account the period of custody that the petitioner has gone into, the trial Court is directed to conclude the trial expeditiously within a period of nine months from today
(Rajiv Roy, J)
1 issue framed by the court
Whether the high court should grant bail to the petitioner in a prohibition and excise case linked to murder charges when no new material is presented.
Birendra Mahto @ Man Mahto
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
