Patna High CourtCR. MISC./53893/2023bail granted

Rajesh Mahto v. The State Of Bihar

2023-08-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53893 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- KHAIRA District- Saran ====================================================== RAJESH MAHTO S/O LATE BIRENDRA MAHTO RESIDENT OF VILLAGE- BARNPURA, PS- KHAIRA, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankur Prakash Sinha, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 45 liters of liquor from a place where the petitioner was sitting.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of Chowkidar, it is next submitted that it absolutely does not stand to reason that as to how it was

Patna High Court CR. MISC. No.53893 of 2023(2) dt.18-08-2023 2/2 presumed that the alleged recovered liquor belonged to the petitioner merely because he was sitting at that place. It is further submitted that in maximum cases the police is implicating the accused persons at the instance of Chowkidar in a mechanical manner.

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

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khaira P.S. Case No. 16 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T