Ravi Mahto @ Ravi Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46849 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== RAVI MAHTO @ RAVI KUMAR MAHTO Son of Rajendra Mahto Resident of Village-Bhagwatpur, P.S.-Sarairanjan, District-Samastipur ... ... Petitioner/s

Versus

The State of Bihar 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 ALOK KUMAR PANDEY ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sarairanjan P.S. Case No. 153 of 2023 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is alleged recovery of 22.125 litre foreign liquor from the hut of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has no concern with the hut from where the alleged recovery was made. He further submits that petitioner has falsely been implicated in the case due to village politics. Petitioner is quite innocent and has committed no offence as alleged in the FIR. He further submits that petitioner was not present on spot and he has no concern with the alleged recovered liquor. Petitioner bears no

Patna High Court CR. MISC. No.46849 of 2023(2) dt.04-08-2023 2/2 criminal antecedent. Learned counsel further submits that in the light of aforesaid facts and circumstances of the case, no offence is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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)-2, Samastipur in connection with Sarairanjan P.S. Case No. 153 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T