Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25322 of 2022 Arising Out of PS. Case No.-5 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Dilip Mahto Son Of Amarjeet Mahto Resident Of Village - Ukhai Purab Patti, P.S.- Sarai O.P., District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition & Excise Act.

There is recovery of 100 litres of country made liquor from an open field.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.25322 of 2022(2) dt.02-09-2022 2/2 possession of the petitioner. The petitioner is neither concerned with the field nor with the alleged liquor. A statement has been made in para 3 of the petition that petitioner is accused in 2 other cases apart from the present antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Court No. 2, Siwan in connection with Excise Case C III-5 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T