Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39932 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Binod Mahto, Son Of Laxmi Mahto Resident Of Village- Durga Mandir, Bela Ps- Lnmu, District- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 14.700 litres of liquor from the backside of a hut situated near a Bagh Mod.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on secret information, which is the easiest way

Patna High Court CR. MISC. No.39932 of 2023(2) dt.03-07-2023 2/2 to implicate someone. It is next submitted that petitioner has no concern with the place of occurrence, nor the hut belongs to the petitioner.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-11, Darbhangain connection with LNMU P. S. Case No.101 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T