Jagdish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62152 of 2024 Arising Out of PS. Case No.-924 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Jagdish Mahto S/o Late Parsadi Mahto @ Late Ram Presad Mahto @ Late Ram Prasad Mahto R/o Village- Anharawan, Ward No.7, P.S.- Sitamarhi, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

1. Heard learned counsel for the petitioner as well as 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 and Excise Act in connection with Sitamarhi P.S. Case No.924 of 2023.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 630 liters of liquor from a bush.

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 and is accessible to public at large and he came to be implicated at the instance of Chowkidar,

Patna High Court CR. MISC. No.62152 of 2024(2) dt.31-08-2024 2/3 but then it is submitted that police in majority of the cases implicates either at the instance of the 'Chowkidar', local person, secret information or confessional statement in a mechanical manner without holding proper investigation and at times in order to save real culprits the police implicates those who have been implicated in case relating to excise earlier.

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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II, Sitamarhi in connection with Sitamarhi P.S. Case No.924 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases, in

Patna High Court CR. MISC. No.62152 of 2024(2) dt.31-08-2024 3/3 that event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T