Hariom Singh @ Hariom Mahto @ Hari Om Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14455 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- Excise P.S. District- Samastipur ====================================================== Hariom Singh @ Hariom Mahto @ Hari Om Mahto S/o Late Bindeshwari Mahto R/o vill - Pandh Pandev Asthan, P.s.- Dalsinghsarai, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 351 liters of liquor from a Bolero Pick up.

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the conscious possession and he is neither the owner nor the driver of the alleged seized vehicle and he came to implicated based on secret information which is the easiest way to implicate

Patna High Court CR. MISC. No.14455 of 2024(2) dt.11-03-2024 2/2 someone. It is also submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner, when petitioner admittedly is a 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 petitioner, the petitioner above-named, in the event of his 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 Special Excise Judge No.2, Samastipur in connection with Excise Patori (Samastipur) P.S. Case No.76 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