Patna High CourtCR. MISC./8549/2024bail granted

Nandlal Mahto v. The State Of Bihar

2024-02-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8549 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- CHORAUT District- Sitamarhi ====================================================== NANDLAL MAHTO SON OF LATE JARILAL MAHTO R/OYADDUPATTI SIMARI, P.S-CHORAUT, DISTT.-SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

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

2. The petitioner apprehends his arrest in connection with Choraut P.S. Case No.110/2023 registered for the offence punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 171 litres of liquor from three motorcycles. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that the petitioner was neither the owner nor the driver of the seized motorcycles and he came to be implicated based on confessional statement of co-accused in police custody,

Patna High Court CR. MISC. No.8549 of 2024(2) dt.27-02-2024 2/2 which does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent.

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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court-II, Sitamarhi in connection with Choraut P.S. Case No.110/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T