Sunil Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15156 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== 1.
Sunil Mahton S/o Umesh Mahton R/o Village - Peernagar, P.S.- Naokothi, District- Begusarai 2.
Neeraj Kumar @ Neeraj Mahton S/o Ram Uday Mahton R/o VillageBagwan, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Namita Sharma, Advocate Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 120(B) of the Indian Penal Code and Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of five cases and petitioner no. 2 has antecedent of six cases.
4. Allegation is of recovery of 891 litres of liquor from a pick-up van.
5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and they are neither the
Patna High Court CR. MISC. No.15156 of 2024(2) dt.12-03-2024 2/2 owner nor the driver of the pick-up van and they came to be implicated by the local people but then the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts as aspersion on the case of the prosecution. It is further submitted that it appears that the police got the petitioners implicated because of their antecedent through the local people.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty 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 Bakhri P.S. Case No. 405 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T