Amarjeet Kumar @ Amarjeet Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12931 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Amarjeet Kumar @ Amarjeet Mahto Son Of Sudhir Mahto Village- Medni Chouki, Ps- Bansipur, Dist- Lakhisarai 2.

Sunil Kumar @ Sunil Mahto Son Of Bhuneshwar Mahto Village- Medni Chouki, Ps- Bansipur, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Anshuman, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 30(b), 30(c), 30(d)/32 of the Bihar Prohibition and Excise Amendment Act.

3. The learned counsel for the petitioners submit that the petitioners are person with clean antecedent and the allegation is of recovery of 205 liters of liquor from a place near 'Bathan' of Pago Mahto.

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the conscious possession and even alleged recovery is from a place

Patna High Court CR. MISC. No.12931 of 2024(2) dt.05-03-2024 2/2 which does not belong to the petitioners and they came to be implicated at the instance of 'Chowkidar' with whom they are on an inimical term, when petitioners admittedly are person with clean antecedent.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Muffasil P.S. Case No.354 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T