Anil Matho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11994 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== ANIL MATHO Son of Sagar Mahto RESIDENT OF VILLAGE- KHAIR DARHA, PS- BAKHRI, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shaishav Kumar, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Bakhri P.S. Case No.432 of 2020, registered for the offence punishable under Sections 30 (A) of the Bihar Excise and Prohibition Act.

Altogether 50 liters of country made liquor is said to have been recovered from field of Navi Sda. On seeing the police, one person fled away, whose name was disclosed by the chowkidar as Anil Mahto (petitioner).

Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.11994 of 2021(2) dt.30-11-2021 2/3 is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. Neither the petitioner has been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor or the place of recovery. He has been falsely implicated in this case due to village politics and previous enmity. Petitioner has two criminal antecedent, as mentioned in para-3 of the anticipatory bail application. Petitioner is agreed to deposit a sum of Rs. 25,000.00/- (Rupees Twenty Five Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bakhri P.S. Case No.432 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.11994 of 2021(2) dt.30-11-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00/- (Rupees Twenty Five Thousand) in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J) pallavi/- U T