Diwakar Mahto @ Diwakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61679 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Diwakar Mahto @ Diwakar Kumar S/o Shekhar Mahto @ Chandrashekhar Mahto R/o Village- Chakka, P.S.- Nawkothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Nawkothi P.S. Case No. 137 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, 15 litre country made liquor was recovered from the apprehended co-accused Bhusan Paswan and he disclosed that at the behest of the petitioner he was going to deliver the illicit liquor to the petitioner's house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Except confessional statement of apprehended co-accused, there is nothing

Patna High Court CR. MISC. No.61679 of 2025(2) dt.23-09-2025 2/2 on record to connect the petitioner with the alleged occurrence. Petitioner bears no criminal antecedent. Petitioner has no concern with the alleged recovered liquor. Nothing has been recovered from the conscious possession of the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge I Begusarai in connection with Nawkothi P.S. Case No. 137 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T