Ram Nath Mahto @ Natho Mahto @ Nakho Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49601 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Ram Nath Mahto @ Natho Mahto @ Nakho Mahto S/o Late Baleshwar Mahto R/o vill - Kalyanpur Basti, ward no. 11, P.S. - Mohiuddin Nagar, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner apprehends his arrest in connection with Patori Excise P.S Case No. 61 of 2024 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 4.500 litre illicit liquor recovered.

4. Learned counsel for the petitioner submits that petitioner has been falsely been implicated in this case and nothing recovered from the conscious possession of the petitioner. It is next submitted that petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.49601 of 2024(2) dt.20-07-2024 2/2

5. Learned counsel for the State opposes the prayer for bail of the petitioner.

6. From perusal of the F.I.R., impugned order and case diary, it appears that petitioner is not arrested on the spot. Illicit liquor has been recovered from the other accused person and nothing recovered from the conscious possession of the petitioner. Moreover, petitioner has got clean antecedent as stated in para 3 of the bail petition.

7. Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (Excise)-02, Samastipur in connection with Patori Excise P.S Case No. 61 of 2024 subject to the condition laid down under Section 438(2) of Cr.P.C. (Ramesh Chand Malviya, J) Mayank/- U T