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Patna High CourtCR. MISC./53919/2025allowed

Srilal Mahto v. The State Of Bihar

2025-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53919 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- Bhelahi District- East Champaran ====================================================== Srilal Mahto S/o Late Umashankar Mahto Vill.- Pipariya, P.s.- Bhelahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhelahi P.S. Case No. 42 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 27 litre country made liquor near the house of the petitioner. Petitioner succeeded to flee away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the disclosure statement of Chaukidar due to village politics. Petitioner has no concern with the recovered liquor. The alleged liquor has been recovered from an open place. Nothing has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.53919 of 2025(2) dt.19-08-2025 2/2 Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Bhelahi P.S. Case No. 42 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T