Arjun Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55407 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- MASHRAK District- Saran ====================================================== Arjun Mahto S/o Vikarma Mahto R/o vill - Chand Kudariya, P.S. - Mashrak, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Mashrakh P.S. Case no. 147 of 2024, registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016.
3. As per the prosecution case, on information having been received about accused persons being involved in sale of liquor, it is stated that a raid was conducted. While 11.880 litres of liquor was recovered from the bush near the house of the petitioner, the accused managed to escape and was identified as the petitioner herein.
4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession nor was he arrested at the place of occurrence. He
Patna High Court CR. MISC. No.55407 of 2024(2) dt.02-09-2024 2/2 has no concern with the seized articles. The cause of false implication of the petitioner is his antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the quantity of liquor seized and the place of the seizure of liquor being an open place which cannot be said to be under the exclusive control of the petitioner, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mashrakh P.S. Case no. 147 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-X, ExciseII, Chapra. (Partha Sarthy, J) Shiv/- U T