Lalit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6004 of 2023 Arising Out of PS. Case No.-318 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Lalit Mahto Son of Lochan Mahto @ Ram Lochan Mahto R/V- Gangaur, P.sHarlakhi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

45 litres of Nepali liquor kept in bag on motorcycle has been recovered from possession of co-accused Sanjeet Paswan who disclosed the name of petitioner as one of his associates.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner has been made accused in this case on the disclosure made by the co-accused. Petitioner is neither driver nor owner of vehicle in question and

Patna High Court CR. MISC. No.6004 of 2023(2) dt.10-04-2023 2/2 he has got no concern with the seized liquor. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cumSpecial Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 318 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T