Amrendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44403 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.
AMRENDRA MAHTO S/o Rajendra Mahato R/o village- Gour Bujurg, P.S.- G.B. Nagar, District- Siwan 2.
RANJIT MAHTO S/o Ramashray Mahto R/o village- Gour Bujurg, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioners is directed to remove the defects within four weeks.
Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.
Altogether 60 litres of country made liquor is said to have been recovered from the orchard of one Bani Mahto and one person has been apprehended on spot. It is alleged that on seeing the police, petitioners fled away from the spot. Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.44403 of 2022(2) dt.14-10-2022 2/3 offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Their name transpired in this case on the basis of statement of the apprehended co-accused. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. The said place of recovery does not belongs to the petitioners. Petitioners have one criminal antecedent of similar nature of offence, which is mentioned in para-3 of the bail application. Petitioners are agreed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand) each in the Bihar State Legal Services Authority, Budh Marg, Patna bearing Account No.0380000100252472, IFSC PUNB0038000, Punjab National Bank.
Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court,
Patna High Court CR. MISC. No.44403 of 2022(2) dt.14-10-2022 3/3 in connection with G.B. Nagar P.S. Case No.186 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions. (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.25,000.00/- (Rupees Twenty Five Thousand) each in the Bihar State Legal Services Authority.
(Anjani Kumar Sharan, J) pallavi/- U T