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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6011 of 2024 Arising Out of PS. Case No.-342 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Manoj Mahto @ Manoj Kumar Mahto, son of Rajendra Mahto R/vNarghoghee Ps- Sarairanjan Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of total recovery of 06 litres of liquor, 04 literes from the house of Raju Mahto and 02 litres is alleged to have been recovered from the hut of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that petitioner is not the owner of the hut in question from where

Patna High Court CR. MISC. No.6011 of 2024(2) dt.16-02-2024 2/2 the alleged recovery is said to have been made. It is also submitted that petitioner came to be implicated at the instance of local villagers, but then, the name of the villagers in the F.I.R., who disclosed the name of the petitioner is not disclosed, which cast an aspersion on the case of the prosecution, when admittedly petitioner is a person with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court-II, Samastipur in connection with Sarairanjan P. S. Case No.342 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T