Sanjay Mahto @ Sanjay Kumar @ Gultain Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57411 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Sanjay Mahto @ Sanjay Kumar @ Gultain Mahto, aged about 35 years, Gender-Male, Son Of Late Jagdeo Mahto @ Jagdeo Prasad Singh Resident of Village -Mauzi Maldah PS -Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, 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 arrest in connection with Hasanpur P.S. Case No. 103 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 22.320 litres illicit foreign liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that the seized liquor does not belong to the petitioner and it was recovered from the joint family house of the petitioner. The petitioner has one criminal antecedent due to which he has been falsely implicated in this case. The petitioner was neither arrested from the spot nor any article has been recovered from

Patna High Court CR. MISC. No.57411 of 2023(2) dt.31-08-2023 2/2 the conscious possession of the petitioner.

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 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 Special Judge, Excise, 1st Samastipur in Hasanpur P.S. Case No. 103 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) P. Kumar U T