Prabhu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57300 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== Prabhu Mahto Son of Ganga Mahto R/V- Village- Punaura Purvi, P.S.- Punaura, Distt.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Punaura P.S. Case No.63 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 270 litres of Nepali Saufi wine from the house of co-accused Bhagwan Mahto.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The recovery has been shown from the house of coaccused Bhagwan Mahto. The name of petitioner has come in this case on the basis of disclosure made by local chowkidar. There is nothing material against the petitioner. The petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.57300 of 2024(2) dt.09-08-2024 2/2
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court I, Sitamarhi in connection with Punaura P.S. Case No.63 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T