Ajit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18144 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== AJIT MAHTO SON OF SAKHICHAND MAHTO R/O VILLAGE- PURANI BAZAR NONIYA DIH, P.S.- MAHARAJGANJ, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== 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 Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of 35 litres of liquor from a bag which is alleged to be thrown by the petitioner and two other named accused persons.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the alleged recovery is also from a place which does not

Patna High Court CR. MISC. No.18144 of 2023(2) dt.10-05-2023 2/2 belong to the petitioner and he came to be implicated at the instance of the local people but then the FIR does not disclose the name of the local people which caste doubt with regard to the veracity of the allegation as alleged in the FIR. 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.5,000/- (Rupees Five 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 Maharajganj P.S. Case No. 28 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T