Swaminath Prasad @ Swaminath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6443 of 2025 Arising Out of PS. Case No.-352 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Swaminath Prasad @ Swaminath Mahto Son of Ram Agya Mahto @ Ramagya Prasad R/o- Repura, Near Kali Mandir, P.S.- Madhaurah, P.O.- Repura, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate Mr. Ram Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Madhaurah P.S. Case No. 352 of 2023 dated 16.06.2023, instituted for the offence punishable under Sections 30(A) of the Bihar Prohibition & Excise Act.

3. The allegation is of recovery of 4 litres country made liquor from the hut of Sanjit Kumar and 45 litres country made liquor from the bank of river at village Repura.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that only on the basis of disclosure made by apprehended person namely, Sanjit Kumar, that the recovered 45 litres country made liquor was kept by the

Patna High Court CR. MISC. No.6443 of 2025(2) dt.19-02-2025 2/2 petitioner near the bank of river at village Repura, the name of the petitioner has been dragged in this case. It is also submitted that petitioner was not arrested at the spot nor anything has been recovered either from his conscious possession or from his house rather the illicit liquor was recovered from the bank of river at village Repura which is an open place and accessible to all. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Madhaurah P.S. Case No. 352 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Judge, Saran at Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T