Rajesh @ Rajesh Mahto @ Rajesh Mahaton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28445 of 2024 Arising Out of PS. Case No.-609 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rajesh @ Rajesh Mahto @ Rajesh Mahaton S/o- Natho Mahto Resident of village- Rachiyahi, W.No-7, Ps- Muffasil Dist- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumar Sameer, Advocate.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No.609 of 2023 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, on secret information when the Police party reached at the place of occurrence 30 litre country made wine has been recovered, however the petitioner fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the basis of suspicion only. He further submits that petitioner has no concern with the alleged recovered wine or the

Patna High Court CR. MISC. No.28445 of 2024(2) dt.15-05-2024 2/2 place where the said wine was recovered. Learned counsel submits that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge, Excise, 1st Begusarai in connection with Muffasil P.S. Case No.609 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T