Rajiv Kumar @ Pappu Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45812 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Rajiv Kumar @ Pappu Kumar Mahto, Son Of Sahdeo Mahto Village Gangapur Ward No 8 Ps Musarigharari, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 405 litres of liquor from a cowshed near the house of Guddu Mishra. Further, one motorcycle was also seized.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of Chaukidar with whom he is on an

Patna High Court CR. MISC. No.45812 of 2023(2) dt.20-07-2023 2/2 inimical term. It is next submitted that it appears that Chaukidar, in order to save the real culprit, falsely implicated the petitioner, when admittedly petitioner is a person with clean antecedent. It is further submitted that petitioner is neither the owner of the seized vehicle, nor the cowshed where alleged recovery was made.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Samastipur in connection with Musarigharari P. S. Case No.42 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T