Sajjan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72527 of 2021 Arising Out of PS. Case No.-433 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== SAJJAN MAHTO S/o Kariman Mahto R/o Village - Rupganj Adda No. 2, Ward No. 29 P.S. - Town, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Allegation is of recovery of 80 litres of liquor and one Suraj Tiwary was apprehended along with the liquor which was kept hidden in the carrier of the cycle.

Learned counsel for the petitioner further submits that admittedly the petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession and his name was disclosed by Suraj Tiwary in his confessional statement which has no evidentiary value.

Patna High Court CR. MISC. No.72527 of 2021(3) dt.28-06-2022 2/2 Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chapra Town P.S. Case No. 433 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T