Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3424 of 2021 Arising Out of PS. Case No.-506 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Sanjay Mahto S/O Bechan Mahto Resident Of Village Purani Bazar, Ps Motipur, District-Muzaffarpur.

2.

Awadhesh Mahto S/O Shambhu Mahto Resident Of Village Purani Bazar, Ps Motipur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a), 41(1)(2) of the Bihar Prohibition & Excise Act.

Patna High Court CR. MISC. No.3424 of 2021(2) dt.17-11-2021 2/3 It is alleged that from the Bathan of Suresh Mahto, approximately 21 litres of foreign liquor was seized.

It is submitted by learned counsel for the petitioners that nothing has been recovered from the conscious possession of the petitioners and only on the basis of suspicion, the petitioners have been implicated in this case. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No. 506 of 2019, subject to

Patna High Court CR. MISC. No.3424 of 2021(2) dt.17-11-2021 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T