Anil Kumar @ Anil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6691 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Anil Kumar @ Anil Mahto S/O Late Vijay Mahto Residence of Village- Chak Mahmud Chisti, P.S- Ganga Bridge, District- Vaishali, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Advocate Mr. Aman Kumar, Advocate Ms. Deepshikha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ganga Bridge PS Case No. 226 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 270 litres of country made liquor was recovered from three motorcycles.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.6691 of 2025(2) dt.31-01-2025 2/2 that motorcycles in question do not belong to the petitioner. The petitioner is in custody since 05.11.2024and has got one criminal antecedent in which he is on bail. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted anticipatory bail by this Court vide order dated 24.01.2025 passed in Cr. Misc. Nos. 3781 of 2025 and 3057 of 2025.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ganga Bridge PS Case No. 226 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T