Baru Mahto @ Bholwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43111 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Baru Mahto @ Bholwa Son Of Vijay Mahto Resident Of Mohalla- Dujra Devi Asthan Ps -BUDHA Colony, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar, Adv For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner apprehend his arrest in connection with Budha colony P.S.Case No. 41 of 2024 dated 17.01.2024 instituted for the offence punishable under Section 30 (a) of Bihar Prohibition & Excise Act.
3. 20 liters country made liquor was recovered near Basghat Diayara
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has been recovered from conscious possession of the petitioner. The petitioner has been made accused only on the basis of disclosure made by the local people. The petitioner has clean antecedent.
Patna High Court CR. MISC. No.43111 of 2024(2) dt.10-07-2024 2/2
5. Learned A.P.P for the State has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioner within a period of six weeks from today, in connection with Budha Colony P.S.Case No. 41 of 2024 he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise 1st, Patna, or appropriate Court Below, subject to condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Khatim Reza, J) N.K/- U T