Mahesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11673 of 2023 Arising Out of PS. Case No.-503 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.
Mahesh Mahto Son Of Late Pachu Mahto R/O Village- Bhairo Kothi (KANTA Chowk) Nuniya Tola Ward No.5, P.S.- Sitamarhi, DistrictSitamarhi 2.
Manori Devi @ Bakhri Wali @ Mina Devi Wife Of Mahesh Mahto R/O Village- Bhairo Kothi (KANTA Chowk) Nuniya Tola Ward No.5, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 45.600 liters wine is recovered.
It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The names of the petitioners have transpired in this case on the basis of disclosure made by the local residents as per
Patna High Court CR. MISC. No.11673 of 2023(2) dt.21-04-2023 2/3 F.I.R. The names of local residents, who have named the petitioners, have not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 45.600 liters wine is recovered from the bush. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 Cr.P.C. Learned counsel for the petitioners has placed reliance upon the order dated 13-04-2022 passed by the Hon'ble Supreme Court in Cr. Appeal No. 626 of 2022 (Sweta Kumari versus State of Bihar).
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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 Special Judge, Exclusive Special Excise Court No.II, Sitamarhi in connection with Sitamarhi P.S. case No.503/2022, subject to the
Patna High Court CR. MISC. No.11673 of 2023(2) dt.21-04-2023 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T