Anil Kumar @ Anil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8362 of 2024 Arising Out of PS. Case No.-507 Year-2023 Thana- Excise P.S. District- Rohtas ====================================================== Anil Kumar @ Anil Mahto S/o Sri Bahadur Singh R/o Village - Dariyar Ward No. 10, P.S. - Sasaram (Muffasil), District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024 1.

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 Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of total recovery of 66.500 litres of liquor as detailed in the FIR. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery of 65 litres of liquor is from a place near the river which is accessible to public at large and does not belong to the petitioner. It is next submitted that even recovery of 1.5 litres of

Patna High Court CR. MISC. No.8362 of 2024(2) dt.26-02-2024 2/2 liquor was from possession of the co-accused and the petitioner came to be implicated based on secret information which is the easiest way to implicate someone.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise Case No. 1331 of 2023 (arising out of Excise P.S. FIR No. 507 of 2023) subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T