Dinesh Mahto @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60523 of 2025 Arising Out of PS. Case No.-190 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Dinesh Mahto @ Dinesh Kumar, Son of Late Hardeo Mahto R/o Village - Sareya Briti Dhangad @ Dhagar Toli, P.S. - Paharpur, Dist. - East Champaran (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Paharpur P.S. Case No. 190 of 2025, instituted for the offences registered under Sections 30(a), 41(1), 52 of the Bihar Prohibition and Excise Act.

3. There is recovery of 21 litre illicit liquor from the hutment of the petitioner. Petitioner is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Petitioner was not present on the spot. No incriminating material has been recovered from

Patna High Court CR. MISC. No.60523 of 2025(2) dt.23-09-2025 2/2 his possession. The alleged hutment does not belong to the petitioner. He has no concern either with the seized liquor or with the hutment. Petitioner has one criminal antecedent in which he is on bail. He undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.-I, East Champaran, Motihari in connection with Paharpur P.S. Case No. 190 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T