Lalan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31928 of 2025 Arising Out of PS. Case No.-283 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Lalan Mahto S/o Asha Ram Mahto@ Asaram Mahto@Aas Ram Mahto R/o Village- Shyampur, P.S.- Sangrampur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parvin Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Sangrampur P.S. Case No. 283 of 2024 registered for the alleged offence under Sections 30(a) of Bihar Prohibition & Excise Act.

03. As per prosecution case, co-accused Noorhasan @ Kallu Sheikh was apprehended on suspicion and from his pocket, recovery of 180 ml of India made foreign liquor was made. The apprehended co-accused disclosed the name of petitioner who supplied him the liquor.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.31928 of 2025(2) dt.19-05-2025 2/3 case. The petitioner has not been apprehended from the spot and nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner has no concern either with the seized liquor or the motorcycle so recovered. Moreover, recovery of 180 ml. of India made foreign liquor has been made from the co-accused and not from this petitioner, who is having clean antecedent.

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

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the remoteness of allegation and the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 283 of 2024, subject to the condition laid down under Section 482(2) of BNSS and other following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.31928 of 2025(2) dt.19-05-2025 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U