Dina Mahto @ Dina Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36556 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- BAHERA District- Darbhanga ====================================================== Dina Mahto @ Dina Kumar Mahto Son of Siyaram Mahto Resident of village - Bahera, Ward No.- 14, P.S.- Bahera, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Shah Nawaz Ali, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Bahera P.S. Case No. 100 of 2025, dated 13.03.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 138 litres of illicit Nepali liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the petitioner's possession, and his name has figured in this case solely on the basis of the statement made by the local chowkidar. Counsel
Patna High Court CR. MISC. No.36556 of 2025(2) dt.18-06-2025 2/2 also submits that the petitioner has no criminal antecedent and has been unnecessarily implicated in the present case. It is further submitted that the petitioner is ready to comply with any conditions that may be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge- II (Excise Act), Darbhanga, in connection with Bahera P.S. Case No. 100 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U T