Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3729 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- DINARA District- Rohtas ====================================================== Chandan Mahto S/o Satendra Mahto R/o Village- Dinara Ward No 3 PS Dinara District Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Dinara P.S.Case No.514 of 2024, registered for the offence(s) punishable under Sections Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022.

3. As per the allegation made in the FIR, altogether 400 ml of illicit country-made liquor has been recovered from the kitchen garden of the petitioner.

4. It is submitted by the learned counsel appearing on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and the recovery is from the public place, which is easily accessible to anyone.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.3729 of 2025(2) dt.12-02-2025 2/2 the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the learned District Court within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise court No.I, Rohtas at Sasaram/concerned court, in connection with Dinara P.S.Case No.514 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U