Shambhu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57217 of 2023 Arising Out of PS. Case No.-312 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Shambhu Mahto Son Of Satya Narayan Mahto Resident Of Village - Padariya, Police Station - Siwan Muffasil, District - Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Siwan Muffasil P.S. Case No. 312 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, it is alleged that 14 liters foreign liquor has been recovered from co-accused Sandeep Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case due to his two criminal antecedents. No incriminating articles were recovered from the conscious possession of the petitioner. Petitioner has no concern with the
Patna High Court CR. MISC. No.57217 of 2023(2) dt.31-08-2023 2/2 seized liquor nor with the apprehended co-accused Sandeep Kumar.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his 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 the learned A.D.J.- II cum Exclusive Special Excise Court No. 1, Siwan in connection with Siwan Muffasil P.S. Case No. 312 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) saurabhkr/- U T