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Patna High CourtCR. MISC./5311/2025allowed

Chandan Mahto @ Chandan Kumar v. The State Of Bihar

2025-02-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5311 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Chandan Mahto @ Chandan Kumar S/O Pawan Mahto R/O Mandir road, ward no.-3, Singheshwar, P.S.- Singheshwar, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 20.25 liters of foreign liquor is said to have been recovered from the place of occurrence. He submits that the local Choukidar disclosed the name of the petitioner. He submits that the petitioner has three criminal antecedents as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in account of Lawyer's

Patna High Court CR. MISC. No.5311 of 2025(2) dt.14-02-2025 2/2 Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below 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 learned Court below where the case is pending/successor Court in connection with Singheshwar P.S. Case No. 404 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Lawyer's Association Welfare Benevolent Fund Patna. (Anjani Kumar Sharan, J) devendra/- U T