Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57567 of 2025 Arising Out of PS. Case No.-286 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Surendra Mahto S/o Hari Narayan Mahto Resident of Pakaridayal, Ward no. 5, P.S- Pakaridayal, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore Alias Kundan Kumar, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 50 litres of country made liquor was recovered from the shop of co-accused Amar Kumar who was apprehended on the spot. It is alleged that this petitioner fled away from the spot identified by Chaukidar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure statement of Chaukidar. Further submission is that petitioner is not the owner of the shop in question from where the recovery of illicit liquor has been made. Petitioner has no concern with the seized illicit liquor.

Patna High Court CR. MISC. No.57567 of 2025(2) dt.15-09-2025 2/2 Nothing has been recovered from the conscious possession of the petitioner. Except the disclosure statement of Chaukidar, there is nothing material against the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

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 upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 286 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T