Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35252 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== SURENDRA MAHTO Son of - Algu Mahto Resident of Village - Mishroli Bazar, P.S.- Yogapatti (Shanichari), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016. Altogether 2.260 litres of country made and foreign liquor is said to have been recovered from near the house of petitioner and two persons were apprehended on the spot who disclosed the name of petitioner and others who fled away from the spot. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on

Patna High Court CR. MISC. No.35252 of 2022(2) dt.27-09-2022 2/3 the basis of statement of apprehended co-accused. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of illicit liquor. The said recovery has been made from the bag of co-accused who was crossing from the door of the petitioner. Petitioner has no criminal antecedent. Petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) in the Bihar State Legal Services Authority, Budh Marg, Patna bearing Account No.0380000100252472, IFSC PUNB0038000, Punjab National Bank.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Jogapatti (Shanichari) P.S. Case No.83 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions.

Patna High Court CR. MISC. No.35252 of 2022(2) dt.27-09-2022 3/3 (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) in the Bihar State Legal Services Authority.

(Anjani Kumar Sharan, J) pallavi/- U T