Patna High CourtCR. MISC./14254/2024disposed

Surendra Mahto v. The State Of Bihar

2024-03-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14254 of 2024 Arising Out of PS. Case No.-775 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Surendra Mahto S/o Gharbharan Mahto R/o vill - Garbhuwa Lala Tola, P.S. - Sirisiya (O.P.), Distt. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Adv.

For the State :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 25 liters of liquor along with 200 liters of half made wine behind the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the alleged recovery is from a place, which does

Patna High Court CR. MISC. No.14254 of 2024(2) dt.07-03-2024 2/2 not belongs to the petitioner and he came to be implicated by the Chaukidar on the ground that the alleged recovery was from a place which is adjacent to the house of the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,00/- (Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chanpatiya P.S. Case No. 775 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T