Shambhu Mahto @ Shambhu Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7809 of 2022 Arising Out of PS. Case No.-241 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== SHAMBHU MAHTO @ SHAMBHU KUMAR MAHTO Son of Late Ramdhyam Mahto Resident of Village- Dhannutol Amari, P.S.- Khodawandpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivam, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in connection with Khodawandpur P.S. Case No. 241 of 2021 registered for the offence under Section-30(a) of the Bihar Prohibition and Excise Act, 2018.
The prosecution case, in short, is that 583.2 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.7809 of 2022(2) dt.25-02-2022 2/3 petitioner. The petitioner has been falsely implicated in the present case. It is alleged that out of 583.2 litres, 160.2 litres wine is recovered from an orchard whereas 198 litres, 81 litres and 144 litres wine respectively is recovered from different houses of co-accused persons. The petitioner is not owner of the orchard, in question. The name of the petitioner has transpired in this case on the basis of disclosure made by local chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai, in connection with Khodawandpur P.S. Case
Patna High Court CR. MISC. No.7809 of 2022(2) dt.25-02-2022 3/3 No. 241 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T