Chandan Kumar Mahto @ Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6351 of 2024 Arising Out of PS. Case No.-1188 Year-2023 Thana- Excise P.S. District- Sitamarhi ====================================================== Chandan Kumar Mahto @ Chandan Mahto S/o Late Gokul Mahto R/o Vill - Punaura, P.S. - Punaura, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Singh For the Opposite Party/s :

Mrs. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sitamarhi Excise P.S. Case No.1188/2023 dated 11.10.2023, registered for the offence punishable under Sections 30(a), 32(3) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases. An allegation is of recovery of 115.800 litres of liquor from the under constructed house of the petitioner and auto. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that the house is under construction as such presently no one is

Patna High Court CR. MISC. No.6351 of 2024(2) dt.16-02-2024 2/2 staying there and is accessible to public at large as such it appears that someone misused the place for committing an occurrence as no prudent person would use his own premises for committing an occurrence and thus would create evidence against himself. It is next submitted that the house is in the name of his wife Rina Devi and the petitioner is not the owner of auto from which 97.800 litres of liquor was recovered.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.15000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Sitamarhi, in connection with Sitamarhi Excise P.S. Case No.1188/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T