Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31587 of 2022 Arising Out of PS. Case No.-149 Year-2021 Thana- CHACKMEHSI District- Samastipur ====================================================== Suresh Mahto Son Of Mishri Mahto Resident Of Village-Malinagar Dhuruvgama, P.S. - Chakmehshi Kalyanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 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) of the Bihar Prohibition & Excise Act. There is recovery of 549 litres of Indian made foreign liquor behind the water tank situated in village Malinagar Dhurvagama Ward No. 13. The petitioner is said to be the care taker of the Water Tank.

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.31587 of 2022(2) dt.16-09-2022 2/2 possession of the petitioner. The seized illicit liquor has been recovered from an open field. The petitioner also does not have any concern with the alleged seized illicit liquor.

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 Excise Court 1, Samastipur in connection with Chakmehshi P.S. Case No. 149 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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