Patna High CourtCR. MISC./11025/2024bail granted

Chhotu Kumar @ Chotu Mahto v. The State Of Bihar

2024-03-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11025 of 2024 Arising Out of PS. Case No.-360 Year-2023 Thana- DORIGANJ District- Saran ====================================================== 1.

Chhotu Kumar @ Chotu Mahto son of Ramakishun Mahato @ Patha Mahto Village- Kazipur Ps-Doriganj Dist- Saran 2.

Mantu Kumar @ Mantu Mahto son of Ramakishun Mahato @ Patha Mahto Village- Kazipur Ps-Doriganj Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Doriganj P.S. Case No.360/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 34.56 litres of liquor from a swift desire car. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they are not the owner of the seized vehicle and they came

Patna High Court CR. MISC. No.11025 of 2024(2) dt.01-03-2024 2/2 to be implicated based on secret information which is the easiest way to implicate someone when petitioners admittedly are persons with clean antecedent.

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

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Judge, Saran, Chapra in connection with Doriganj P.S. Case No.360/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T