Chhatu Mahto @ Chhathu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15826 of 2025 Arising Out of PS. Case No.-269 Year-2024 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== Chhatu Mahto @ Chhathu Mahto Son of Sakhichand Mahto Resident of Village - Purani Bazar, P.S. - Maharajganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Maharajganj Excise P.S. Case No. 269 of 2024 registered for the offences punishable under Sections 30(a), 30(c) and 32(3) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 145 litres of country made liquor was recovered from two motorcycles and 630 kg mahua was destroyed.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.15826 of 2025(2) dt.05-03-2025 2/3 present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has transpired as being owner of the TVS Motorcycle bearing Registration No BR29AT-0639. The petitioner has no criminal antecedent.There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 28.01.2025 passed in Cr. Misc. No. 1768 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.15826 of 2025(2) dt.05-03-2025 3/3 court in connection with Maharajganj Excise P.S. Case No. 269 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T