Shibu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30936 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Shibu Mahato Son Of Munshi Mahato@ Shashi Mahato Resident Of Village1718 Indava Nagar Hume Pipe, Po- Shakchi, Ps- Mango, Jamshedpur, DisttPurbi, Singhbhum, Jharkhand ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 120B of the I.P.C. and Sections 30(a), 32(2) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 1604.475 litre of liquor from a truck and Devendra Singh was arrested.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is the owner of the truck and he came to be

Patna High Court CR. MISC. No.30936 of 2023(2) dt.19-05-2023 2/2 implicated in the confessional statement of Devendra Singh in police custody, which does not have any evidentiary value. It is next submitted that petitioner is owner of a godown and no liquor was found from the godown. It is also submitted that no businessman would bring disrepute to his business by indulging in such illegal activity, when admittedly petitioner is a person with clean antecedent.

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

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 bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Court No.1, Begusarai in connection with Begusarai Town P. S. Case No.271 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T