Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51375 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== VIJAY MAHTO S/O LATE SHRI ANUP MAHTO Resident of villageHarpur, P.S.- Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Rabindra Kumar through virtual Court proceedings.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 105 litres semi-prepared liquor from a place adjacent to the house of one Sunil Mahto i.e., near Bagmati river and 120 litres semi-prepared liquor from a place adjacent to the house of petitioner situated at the same place. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.51375 of 2022(2) dt.30-09-2022 2/2 was recovered from his conscious possession, it is next submitted that even the recovery is from a place which does not belong to the petitioner and he came to be implicated merely because the place of recovery is adjacent to this house. 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 above-named, 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. 10,000/- (Rupees Ten 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 Piprahi P.S. Case No. 58 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T