Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50893 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- DARBHANGA District- Darbhanga ====================================================== Manoj Mahto Son of Late Narayan Mahto Resident of Vill- Jitugahchi Phulwari, P.S.- Nagar, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Dular Sah, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 6.3 litres foreign liquor has been recovered from the house of petitioner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. He next submits that recovery has been made from joint property and he has got no concern with the alleged recovery. Petitioner has got one criminal antecedent of similar nature in which he is on bail.

5. Learned A.P.P. for the State vehemently opposed

Patna High Court CR. MISC. No.50893 of 2024(2) dt.29-08-2024 2/2 the bail application.

6. Considering the quantity, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise 1st Darbhanga in connection with Darbhanga Nagar P. S. Case No. 84 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T