Patna High CourtCR. MISC./57308/2023bail granted

Mahesh Dhangar v. The State Of Bihar

2023-08-30Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57308 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Mahesh Dhangar S/O Pannalal Dhangar @ Pannalal Dhangad R/O- VillageDipau Dhangar Toli, P.S.- Kotwa, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard Mr. Shanti Bhushan Singh, learned counsel appearing on behalf of the petitioner and Mr. Pradeep Narain Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 155 of 2023, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the allegation made in the F.I.R., altogether 10 litres of country made liquor packed in pouches recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.57308 of 2023(2) dt.30-08-2023 2/3 been implicated in this case. He further submits that petitioner has no concern with the alleged recovered liquor. Learned counsel further submits that petitioner has clean antecedent.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of allegation made against the petitioner as well as the total quantity of liquor which has been recovered is only 10 litres, I am of the opinion that petitioner has made out a, prima facie, case to be released on anticipatory bail.

7. The Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection with Kotwa P.S. Case No. 155 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.57308 of 2023(2) dt.30-08-2023 3/3 is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T