Rajesh Mahto @ Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15697 of 2023 Arising Out of PS. Case No.-531 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== RAJESH MAHTO @ RAKESH MAHTO SON OF BAGAD MAHTO R/O VILLAGE- KOLHUARWA WARD NO.2, P.S.- TOWN, DISTRICT- EAST CHAMAPRAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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 total recovery of 62.3 liters of liquor as detailed in the FIR, further the allegation against the petitioner is that 23 liters of liquor was recovered from his house.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No. 15697 of 2023(2) dt.03-05-2023 2/2 submitted that petitioner has been falsely implicated in the present case, even the house is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house.

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 trial court 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 trial court where the case is pending/successor court in connection with Motihari P.S. Case No. 531 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T