Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2616 of 2023 Arising Out of PS. Case No.-437 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAJESH MAHTO Son of Late Sitaram Mahto Resident of Village- Bejha Dih, P.S.- Samastipur Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard the parties.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30, 36, 38, 41, 47 of the Bihar Prohibition and Excise Act, 2016.

Altogether 545 litres of foreign liquor is said to have been recovered from a Tata Magic vehicle and driver was apprehended on spot.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis that he is the owner of the said vehicle. Petitioner has neither been apprehended on the spot nor any incriminating

Patna High Court CR. MISC. No.2616 of 2023(2) dt.16-03-2023 2/3 article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Although the seized vehicle belongs to the petitioner but the same was used for Public Carrier and driven by the driver, as such petitioner had no knowledge about the liquor which was kept in his vehicle. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs.30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Muffasil (M) P.S. Case No.437 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:-

Patna High Court CR. MISC. No.2616 of 2023(2) dt.16-03-2023 3/3 (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000.00/- (Rupees Thirty Thousand) in the Patna High Court Legal Services Committee.

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