Pramod Mahato @ Pramod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4016 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Pramod Mahato @ Pramod Kumar Mahto S/o- Ram Autar Mahto @ Ramawtar Mahto @ Ram Autor Mahto Manika Bujurg, Akhtiarpur, P.S.- Sarairanjan, Dist-Samastipur, Bihar-848111.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yash Sahay, Adv :

Mr. Keshav Bhardwaj, Adv :

Mr. Nikhil Kr. Agrawal, Adv For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-03-2025 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 the F.I.R. and apprehended his arrest in connection with Sarairanjan P.S. Case No. 07 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where,

Patna High Court CR. MISC. No.4016 of 2025(2) dt.28-03-2025 2/3 there is recovery of 689 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged illicit liquor was made from the front of the house of petitioner, which is an open place and easily accessible by general public, therefore, it can be said safely that illicit liquor was not recovered from the conscious physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of illicit liquor prima-facie appears doubtful from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Samastipur/concerned Trial Court where the case is

Patna High Court CR. MISC. No.4016 of 2025(2) dt.28-03-2025 3/3 pending in connection with Sarairanjan P.S. Case No. 07 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T