Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14728 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- EXCISE PATORI District- Samastipur ====================================================== Dilip Mahto, Son of Late Tarkul Mahto, Resident of Village- Hawaspur, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with patori Excise P.S. Case No. 12 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise (Amendment)Act, 2022.

3. As per the prosecution case, there is recovery of 8.640 litres of foreign liquor from the hutment of the shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case on the basis of suspicion. He further submits that the alleged recovery of foreign liquor was made from toddy shop of petitioner when he was not present at his hutment shop. Nothing has

Patna High Court CR. MISC. No.14728 of 2025(2) dt.28-03-2025 2/2 been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation of this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Patori Excise P.S. Case No. 12 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T