Praduman Mahto @ Praduman Kumar @ Pradeep Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17897 of 2023 Arising Out of PS. Case No.-828 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Praduman Mahto @ Praduman Kumar @ Pradeep Mahto S/O- Tingan Mahto @ Jageshwar Mahto Village- Purwi Dahiyawa Ps- Chapra Nagar Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of five litres of liquor from the possession of Jainath Das and ninety litres liquor was found behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.17897 of 2023(2) dt.10-05-2023 2/2 submitted that even the alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on the confessional statement of Jainath Das in police custody which does not have evidentiary value, when admittedly the petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, 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. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chhapra Nagar P.S. Case No. 828 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi-II U T