Kishun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62417 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

KISHUN MAHTO SON OF SHATRUGHAN MAHTO RESIDENT OF VILLAGE - SUNDARPUR CHITHAT, P.S. - UNIVERSITY, DISTRICT - DARBHANGA 2.

SURESH MAHTO SON OF VIPPAT MAHTO RESIDENT OF MOHALLA - DILAHI, P.S. - VISHANPUR, DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024

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

2. The petitioners apprehend their arrest in connection with Sharghat P.S. Case No.222/2022, G.R. No.2503/2022 dated 17.12.2022, registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. An allegation is of recovery of 297 litres of liquor from four different vehicles. It is next submitted that the petitioners were not arrested from the spot as such nothing was recovered from their conscious

Patna High Court CR. MISC. No.62417 of 2023(4) dt.19-02-2024 2/2 possession and they came to be implicated as son of petitioner no.1 was apprehended at the spot with a scooty which was registered in the name of petitioner no.1. It is further submitted that the police in a mechanical manner investigates and implicates.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Sharghat P.S. Case No.222/2022, G.R. No.2503/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T