Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6472 of 2025 Arising Out of PS. Case No.-316 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Manoj Mahto, S/o Dasai Mahto, R/o Village - Gheghta Ganj, P.S - Chapra Muffasil, Distt.- Saran 2.

Panchratan Mahto, S/o Dasai Mahto, R/o Village - Gheghta Ganj . P.S - Chapra Muffasil, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s :

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

2. The petitioners apprehend arrest in connection with Chapra Muffasil P.S. Case No. 316 of 2024 dated 03.06.2024 instituted for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 80 litres country made liquor kept in two plastic bags from Bawali Chauk.

4. Learned counsel for the petitioner submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that only on the basis of suspicion, the petitioners have been made accused in this case. Nothing has been recovered either from the conscious possession of the

Patna High Court CR. MISC. No.6472 of 2025(2) dt.19-02-2025 2/2 petitioners or from their house. As per the seizure list, the said illicit liquor was recovered from the Bawali Chauk. The petitioners have no concern with the said illicit liquor. Lastly, it has been submitted that petitioner have no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

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 petitioners within a period of six weeks from today, in connection with Chapra Muffasil P.S. Case No. 316 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Excise Court, Saran at Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T