Harendra Mahto @ Harendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60983 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Harendra Mahto @ Harendra Mahto S/O Late Pitamber Mahto R/O VillageWattganj Bela, P.S- Piprakothi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, A.P.P.

====================================================== 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 arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 150 litres of illicit liquor was recovered from the bush near Chhaurahiya Ghat. Coaccused Pappu Kumar and Girija Devi apprehended on the spot, who disclosed the name of the petitioner and other accused persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure made by apprehended co-accused persons. Further submission is that petitioner was not present on the spot and he has no concern with the seized illicit liquor and

Patna High Court CR. MISC. No.60983 of 2025(2) dt.23-09-2025 2/2 place of occurrence. The illicit liquor has been recovered from open place easily accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness on the seizure list. Petitioner has one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the investigation and trial.

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

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 be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Piprakothi P.S. Case No. 189 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T