Patna High CourtCR. MISC./45212/2023bail granted

Dhanjee Mahto @ Dhanjee Singh v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45212 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- NOKHA District- Rohtas ====================================================== DHANJEE MAHTO @ DHANJEE SINGH Son of Bhagwan Mahto @ Bhagwan Singh Resident of village - Nawadih, P.S. - Nokha, Distt. - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The defect as pointed out by the office is ignored.

3. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

4. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

5. Allegation is of recovery of 70 litres of liquor from the bamboo plantation at village Kurup.

6. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of the Chawkidar with whom he is on

Patna High Court CR. MISC. No.45212 of 2023(2) dt.20-07-2023 2/2 an inimical term. It is further submitted that even the alleged recovery is from a place which does not belong to the petitioner.

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

8. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One 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 Nokha P.S. Case No. 22 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T