Mahesh Gope @ Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45758 of 2025 Arising Out of PS. Case No.-313 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Mahesh Gope @ Mahesh Yadav S/o- Late Vishwanath Yadav Moh- Chai Tola Ps- Pirbahore Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Sarvottam Kumar, learned counsel for the petitioner and Mr. Anil Kumar Singh No. 1, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pirbahore P.S. Case No. 313 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that police had secret information that one man is selling illegal liquor in a hut. He was apprehended by the police and he disclosed his name as Soni Kumar Sharma and from his possession, 120 liters of country made liquor was recovered. Said Soni Kumar Sharma has disclosed the name of this petitioner.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.45758 of 2025(2) dt.05-08-2025 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has further submitted that nothing has been recovered from the possession of this petitioner. His name has surfaced in the statement of co-accused. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pirbahrore P.S. Case No. 313 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) shubham/- U T