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Patna High CourtCR. MISC./15600/2025allowed

Bechan Mahto v. The State Of Bihar

2025-04-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15600 of 2025 Arising Out of PS. Case No.-592 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Bechan Mahto Son of Ramchandra Mahto Resident of Village - Rasalpur, Ward No.03, P.S. - Dumra, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dumra P.S. Case no. 592 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act 2022 (amended).

3. The case of the prosecution is that behind the house of Bechan Mahato, altogether 10.08 liters of Nepali liquor was recovered. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the place from where the recovery has been made is an open place. Petitioner has no concern in any way with the alleged liquor.

Patna High Court CR. MISC. No.15600 of 2025(2) dt.21-04-2025 2/2 Further submission is that the petitioner is having no criminal antecedent.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dumra P.S. Case no. 592 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court -I, Sitamarhi, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T