Bharat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16479 of 2023 Arising Out of PS. Case No.-964 Year-2022 Thana- SONEPUR District- Saran ====================================================== BHARAT MAHTO, Male, aged about 78 years, Son of Late Saryug Mahto, R/V- Barbatta, P.S- Sonepur Dist- Saran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjan Kumar Singh, Advocate For the Opposite Party :

Mrs. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Sonepur P.S. Case No. 964 of 2022 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution story, in brief, is that total 58.500 liters wine is said to have been recovered from the Palani belonging to joint family of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that

Patna High Court CR. MISC. No.16479 of 2023(2) dt.10-05-2023 2/3 total 58.500 liters wine is recovered from the Palani belonging to joint family of the petitioner. The petitioner is named in the F.I.R. The name of the petitioner has transpired in the present case as the alleged recovery is made from the Palani of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No.

3005 of 2022 (Sweta Kumari-VersusThe State of Bihar). On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Patna High Court CR. MISC. No.16479 of 2023(2) dt.10-05-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court, in connection with Sonepur P.S. Case No. 964 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T