Shambhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20588 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- BARGAINIA District- Sitamarhi ====================================================== Shambhu Mahto S/O Asharfi Mahto R/O Village- Masha Alam, Ward No.-03, P.S- Bairgania, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Bairgania P.S. Case No. 04 of 2025, registered for the offences punishable under Section 30(a)(c) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 26.4 litres of IMFL/country made liquor from the motorcycle.

4. Taking note of submission as advanced by learned counsel appearing for the petitioner and upon perusal of record, it transpires that the petitioner was not apprehended on the spot, suggesting prima facie

Patna High Court CR. MISC. No.20588 of 2025(2) dt.23-04-2025 2/3 that illicit liquor was not recovered from his conscious physical possession. It is pointed out that implication was for the reasons that mobile of petitioner was found near to the place of recovery. Petitioner found involved in one more criminal case but of different nature, where he is on bail

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court -I, Sitamarhi/concerned Court, where the case is pending in connection with Bairgania P.S. Case No. 04 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.20588 of 2025(2) dt.23-04-2025 3/3 (Chandra Shekhar Jha, J) veena/- U T