Mantu Yadav @ Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62273 of 2024 Arising Out of PS. Case No.-183 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Mantu Yadav @ Mantu Rai Son of Ramayan Rai @ Ramayan Prasad Yadav Resident of Village - Allepur, P.S.- Baikunthpur, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer Jha For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and allegation is of recovery of 7.2 liters of liquor from a sack allegedly thrown by the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner nor he has any concern with the

Patna High Court CR. MISC. No.62273 of 2024(2) dt.02-09-2024 2/2 sack and he came to be implicated at the instance of Chowkidar. It is also submitted that police in majority of the case implicates accused persons either at the instance of Chowkidar, local people, secret information or confessional statement in a mechanical manner without holding a proper investigation.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 35,000 /- (Rupees Thirty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-XIII-cum-Spl. Excise Court No. 1, Gopalganj in connection with Baikunthpur P.S. Case No. 183 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T