Anand Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.517 of 2025 Arising Out of PS. Case No.-109 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== Anand Kumar Mahto S/o- Arun Mahto Resident of Village- Rampatti PSKhajauli Distt- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with G.R. No. 988/2022 arising out of Khajauli P.S. Case No. 109 of 2022, registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3.The allegation against the petitioner is to involved in illegal trade of illicit liquor, where during raid informant seized total of six motorcycles and total of 738 litres of Nepali

Patna High Court CR. MISC. No.517 of 2025(2) dt.28-01-2025 2/3 Saufi liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that admittedly the alleged recovery was not made from physical possession of this petitioner, who is a man of clean antecedent. It is pointed out that the motorcycle in issue was given out of acquaintance to co-accused person for some local use.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as admittedly illicit liquor not appears to be recovered from physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani/concerned Court, where the case is pending in connection with G.R. No. 988/2022 arising out of

Patna High Court CR. MISC. No.517 of 2025(2) dt.28-01-2025 3/3 Khajauli P.S. Case No. 109 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T