Pawan Mahto @ Pavan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49643 of 2022 Arising Out of PS. Case No.-44 Year-2020 Thana- SIKTI District- Araria ====================================================== 1.

PAWAN MAHTO @ PAVAN MAHTO Son of Paro Mahto Resident of Village Bind Tola, Dhapri, Ward No. 2, Post Balua Kaliyagunj, Balua, P.S.- Palasi, Araria, Bihar- -854333.

2.

SATRUGAN MAHATO @ CHHOTU Son of Prem Lal Singh @ Prem Lal Mahto Resident of Village Bind Tola, Dhapri, Ward No. 2, Post Balua Kaliyagunj, Balua, P.S.- Palasi, Araria, Bihar- -854333. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.

Permission is accorded.

The petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 53.1 litres liquor near Domra Road at village Khan

Patna High Court CR. MISC. No.49643 of 2022(2) dt.20-09-2022 2/2 Tola.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the name of the petitioner transpired in the confessional statement of co-accused which has no evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sikty P.S. Case No. 44 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T