Bharat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52179 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Bharat Mahto S/O Sabha Mahto R/O Village- Chakdara, Ps. Madhowrah, Dist. Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the parties.

2. The petitioner seeks pre-arrest bail in connection with Madhowrah P.S.Case No.178 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Allegation against the petitioner is that 30 ltr. of country-made liquor was recovered from the house of the petitioner.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is not involved in either sale or consumption of the liquor. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Patna High Court CR. MISC. No.52179 of 2023(2) dt.19-08-2023 2/2

6. Having considered the rival submissions of the parties, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Madhowrah P.S.Case No.178 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U