Rambilash Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53109 of 2024 Arising Out of PS. Case No.-103 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Rambilash Mahto Son of Late Anuplal Mahto R/o Village- Rampur Uttar, Kuber Tola, Ward No.13, P.S.- Forbesganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 47(a) of the Excise Act.
3. Altogether 38.2 litres illicit liquor has been recovered from the shop cum Godam of the petitioner. Seeing the police, petitioner is said to have managed to escape from the spot.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot.
Patna High Court CR. MISC. No.53109 of 2024(2) dt.31-08-2024 2/3 He has been made accused in the present case merely because the illicit liquor has been recovered from his godam. The real fact of the case is that the enemies of the petitioner have projected the alleged occurrence in connivance with the raiding party by taking advantage of his absence. It is further submitted that though the FIR was lodged against the petitioner in the year 2015, but neither the petitioner has received any summon issued by the learned Court below nor the police has approached to him for a long time and thereafter when he came to know about his accusation in the present case, he immediately filed his anticipatory bail petition. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail
Patna High Court CR. MISC. No.53109 of 2024(2) dt.31-08-2024 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with C.C. No. 103 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) That one of the bailors shall be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T