Golu Mahto @ Sanjeet Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35123 of 2024 Arising Out of PS. Case No.-360 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Golu Mahto @ Sanjeet Mahto Son of Jagmohan Mahto R/O Vill.- Khawaspur Khurd, P.S.- Doriganj, Dist.- Saran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mili Kumari, Advocate For the Opposite Party/s :
Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Doriganj P.S. Case No.360 of 2023.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 34.56 liters of liquor from a Dezire Car.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated at the instance of his enemy whose name is not disclosed in the FIR and is in custody since 28.03.2024.
5. The learned APP for the State opposes the
Patna High Court CR. MISC. No.35123 of 2024(2) dt.17-05-2024 2/2 anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Doriganj P.S. Case No.360 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T