Shiv Chandra Mahto @ Shiv Chandra Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30577 of 2022 Arising Out of PS. Case No.-320 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SHIV CHANDRA MAHTO @ SHIV CHANDRA CHAUDHARI SON OF LATE SONELAL CHAUDHARI R/O VILLAGE- MAHMADPUR, P.S.- HALAI O.P., SAMASTIPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 38(1) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 10 litre of toddy from the hut of the petitioner. The learned counsel next submits that the hut from which the alleged toddy is said to have been recovered does not belong to the petitioner and the police in order to save the real culprits showed the place of occurrence as the house of the petitioner when admittedly the petitioner is not living in a hut, it is further

Patna High Court CR. MISC. No.30577 of 2022(2) dt.16-08-2022 2/2 submitted that the petitioner came to be implicated based on secret information, which is easiest way to implicate someone to save the real culprits.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise P.S. Case No. 320 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T