Mithlesh Mahto @ Mithilesh Mahto @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66309 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Mithlesh Mahto @ Mithilesh Mahto @ MIthilesh Kumar Son of Paltoo Mahto Resident of Village- Manopur (Manupur), P.s.- Dighwara, DistrictSaran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2024

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 and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 93.42 liters of liquor from possession of Munna Mahto and a sack allegedly thrown by the petitioner.

4. It is next submitted that petitioner was not arrested from the spot and as such nothing was recovered from his conscious possession and has no concern with Munna Mahto nor the alleged recovery is from a place which belongs to him

Patna High Court CR. MISC. No.66309 of 2024(2) dt.12-09-2024 2/3 and he came to be implicated at the instance of local villagers, but then police in a mechanical manner implicates at the instance of Chowkidar, local people, secret information and confessional statement without holding a proper investigation when petitioner admittedly is a person with clean antecedent.

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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Excise Judge, Saran at Chapra in connection with Dighwara P.S. Case No. 176 of 2024, 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 even one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.66309 of 2024(2) dt.12-09-2024 3/3 effect.

8. The application stands allowed.

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