Devendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37785 of 2023 Arising Out of PS. Case No.-387 Year-2021 Thana- ROSERA District- Samastipur ====================================================== DEVENDRA MAHTO S/O NARAYAN MAHTO R/O Village- Buzurgdwar, PS. Khanpur, Dist. Samastipur, Bihar-848101 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Kumar Pandey For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 1746.690 liters of liquor from a truck, pickup van and one Yahama Motorcycle.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Arman and
Patna High Court CR. MISC. No.37785 of 2023(2) dt.26-06-2023 2/2 Md. Irshad in police custody which does not have any evidentiary value. It is next submitted that police deliberately got the petitioner implicated because of his antecedents through Arman and Irshad when petitioner is not the owner of any of the seized vehicle also.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rosera P.S. Case No. 387 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T