Chandra Deo Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30229 of 2025 Arising Out of PS. Case No.-57 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Chandra Deo Mahto S/o- Bhikhari Mahto Vill- Bahuarwa P.S. Majhauliya Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar II, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Dhannjay Kumar II, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Sugauli P.S. Case No. 57 of 2024 registered for the offence punishable under Section 30(a) the Bihar Prohibition and Excise (amendment) Act.
3. As per the allegation made in the FIR, 6 litres of country made liquor was recovered from motorcycle bearing Registration No.
BR05AG-6743, Chassis No.MBLHAW088KHH63044, Engine No.HA10AGKHHE9171.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been
Patna High Court CR. MISC. No.30229 of 2025(2) dt.15-05-2025 2/3 falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The recovery was made from a motorcycle bearing Registration No. BR05AG6743, Chassis No.MBLHAW088KHH63044, Engine No.HA10AGKHHE9171 and petitioner is the owner of the said motorcycle however nothing was recovered from the conscious possession of the petitioner. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.1, East Champaran at Motihari/ concerned court in connection with Sugauli P.S. Case No. 57 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The District Court is directed to verify the
Patna High Court CR. MISC. No.30229 of 2025(2) dt.15-05-2025 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
(Purnendu Singh, J) Ashishsingh/- U T