Maheshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12319 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Maheshwar Mahto S/o Late Bhuvneshwar Mahto Resident of Village- Samsa, House No. 101, Police Station- Naokothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Satish Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Naokothi P.S. Case No. 15 of 2025 registered for the offence punishable under Sections 274 and 275 of the BNS and Sections 30(a)/30(c)/30(d) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 15 litres of country made liquor and several articles used for manufacturing of liquor from a bush.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics at the instance of the enemies. He has no concern either with the seized liquor or

Patna High Court CR. MISC. No.12319 of 2025(2) dt.28-03-2025 2/2 trade of liquor in any manner. The place of recovery is an open place which is accessible to anyone.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai in connection with Naokothi P.S. Case No. 15 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T