Ragho Mahto @ Radho Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47171 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- SIRISIYA District- West Champaran ====================================================== Ragho Mahto @ Radho Mahato S/o Late Rameshwar Mahto Resident of Village- Garbhuawa Lala Tola, P.S.- Sirisiya, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sirisiya P.S. Case No. 80 of 2025 registered on 15.05.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 35 liters illicit country made liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is contended that the petitioner's name has been implicated solely on the basis of suspicion by the local Chaukidar, and there is no substantive evidence against him. It is further submitted that no recovery has been made from the conscious physical possession

Patna High Court CR. MISC. No.47171 of 2025(2) dt.30-07-2025 2/2 of the petitioner. However, it is not disputed that the petitioner is an accused in four other criminal cases.

5. Learned APP for the State opposes the prayer for bail and submits that the antecedents of the petitioner are not clean, as he is an accused in four other criminal cases of a similar nature, which indicates his involvement in the illicit liquor trade.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Sirisiya P.S. Case No. 80 of 2025, pending before the learned Special Judge (Excise) I, Bettiah, West Champaran is hereby rejected.

6. However, if the petitioner surrenders before the Trial Court within six weeks from today, the Trial Court is directed to pass an order on his surrender-cum-bail application on the same day, without being prejudiced by the fact that the petitioner's anticipatory bail has been rejected by this Court. (Dr. Anshuman, J) Ashwini/- U T