Bhushan Mahto @ Ajay Mahto @ Manoj Mahto @ Manoj Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24500 of 2025 Arising Out of PS. Case No.-367 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Bhushan Mahto @ Ajay Mahto @ Manoj Mahto @ Manoj Mahato S/o Ramashray Mahto Resident of village- Belwa Madho, P.S.- Kotwa, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 40 litres of liquor from two motorcycles as detailed in the FIR.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of any of the seized motorcycle and he came to be implicated

Patna High Court CR. MISC. No.24500 of 2025(2) dt.02-05-2025 2/3 based on secret information, which is the easiest way to implicate someone. It is further submitted that in excise cases, the police investigates mechanically and implicates either at the instance of local chaukidar, secret information and confessional statement without holding proper investigation.

5. Learned A.P.P. opposes the anticipatory bail application.

6. 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, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Kotwa P. S. Case No.367 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, then it

Patna High Court CR. MISC. No.24500 of 2025(2) dt.02-05-2025 3/3 would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T