Rupesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32121 of 2022 Arising Out of PS. Case No.-526 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== Rupesh Mahto S/O Jinas Mahto Resident Of Village- Bhitha Bazar, Sarkhandio Bitha, P.S.- Sursand, District- Sitamarhi- 843331. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== 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 36 litres of country made liquor from a motorcycle and two persons were apprehended who disclosed his name of the petitioner. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The seized motorcycle does

Patna High Court CR. MISC. No.32121 of 2022(2) dt.16-09-2022 2/2 not belong to the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Additional District & Sessions Judge-II-cum-Special Judge, Exclusive Special Excise Court-II, Sitamarhi in connection with Sursand P.S. Case No. 526 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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