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Patna High CourtCR. MISC./25411/2022bail granted

Bindo @ Bindo Mahto @ Bindeshwari Prasad @ Bindeshwari Mahto v. The State Of Bihar

2022-06-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25411 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== BINDO @ BINDO MAHTO @ BINDESHWARI PRASAD @ BINDESHWARI MAHTO Son of Gauri Mahto Resident of Village - Dhanbigha, P.S.- Warisaliganj, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-06-2022 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 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Allegation is of recovery of five litres of liquor from the place of occurrence as described in the FIR and 800 litres of semi manufactured liquor was also recovered which was destroyed at the place of occurrence.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession nor the recovery is

Patna High Court CR. MISC. No.25411 of 2022(2) dt.29-06-2022 2/2 alleged to have been made from the house of the petitioner. It is next submitted that name of the petitioner was disclosed by the villagers with whom he was on an inimical term. 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 Warisaliganj P.S. Case No. 15 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T