Darfi Mahto @ Darfi Kant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26889 of 2021 Arising Out of PS. Case No.-344 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== DARFI MAHTO @ DARFI KANT MAHTO Son of Baidnath Mahto Resident of Village - Babhangama, Ward No. 02, P.S.- Ghatho, District - Samastipur (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise P.S. Case No. 344 of 2020 registered under Section 30 (a) (c) of the Bihar Prohibition and Excise Act. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village party politics. Further he submits that petitioner was engaged in Bihar Assembly Election Duty at the time of raid, as contained in Annexure-2. Further he submits that from perusal of Annexure3, it appears that on 04.11.2020, the petitioner was physically present at District Election Office for receiving letter for

Patna High Court CR. MISC. No.26889 of 2021(2) dt.22-02-2022 2/2 election duty. Moreover, the alleged recovery has been made from the joint family house. Petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional Sessions Judge-IIcum-Special Judge, Excise Act, Samastipur in connection with Excise P.S. Case No. 344 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. shailendra/- (Arvind Srivastava, J) U T