Patna High CourtCR. MISC./51606/2024bail granted

Raja Kumar Mahto v. The State Of Bihar

2024-07-30Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51606 of 2024 Arising Out of PS. Case No.-190 Year-2021 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Raja Kumar Mahto, Son Of Gauri Mahto Resident Of Village - Laxmi Nagar, Roadno. 4, P.S. - University (L.N.M.U), District - Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2024

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 has antecedent of one case and the allegation is of recovery of 32.1 litres of Nepali liquor from the straw hut of the petitioner and 2.970 litres of liquor concealed behind the door of the house of one Mahesh Sahni.

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 it has been

Patna High Court CR. MISC. No.51606 of 2024(2) dt.30-07-2024 2/3 specifically pleaded and asserted in the anticipatory bail application that petitioner has no concern with the straw hut as the same does not belong to him. It is also submitted that the police in mechanical manner apprehends the innocent person in mechanical manner and he came to be implicated based on secret information, which is the easiest way to implicate someone.

5. Learned A.P.P. opposes the anticipatory 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II, Excise Act, Darbhanga in connection with University P. S. Case No.190 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.51606 of 2024(2) dt.30-07-2024 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T