Harinath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12035 of 2022 Arising Out of PS. Case No.-552 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== HARINATH MAHTO S/o Ram Sewak Mahto R/o village- Bhanudih, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4.875 litres of liquor from the asbestos house of the petitioner.

Learned counsel for the petitioner submits that no one stays in the asbestos house as the same is without doors, it is further submitted that it appears that some criminals taking advantage that the house is at a desolated place kept the liquor, it is next submitted that the petitioner is not staying in the house

Patna High Court CR. MISC. No.12035 of 2022(2) dt.15-07-2022 2/2 and as such he was not arrested from the spot nor any liquor was recovered from his conscious possession and he came to implicated based on secret information in order to save the real culprits.

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

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Runnisaidpur P.S. Case No. 552/2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T