Lal Babu Mahto @ Lalbabu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67159 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Lal Babu Mahto @ Lalbabu Mahto S/O Yogendra Mahto Resident of VillageManpura, P.S- Tajpur NH, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024

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 Sections 30(a), 41(i)(ii) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of twelve cases and allegation is of recovery of 4200 litres of liquor from a truck.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized truck and he came to be implicated based on secret information. It is also submitted that once an accused is implicated in a case relating to excise, the police starts

Patna High Court CR. MISC. No.67159 of 2024(2) dt.23-09-2024 2/2 implicating mechanically and at times to save the real culprit.

5. Learned A.P.P. 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. 60,000/- (Rupees Sixty Thousand) with two sureties of the like amount each to the satisfaction of Sri Basant Kumar, the learned Exclusive Special Excise Court No.1, Samastipur in connection with Ujiyarpur P. S. Case No.142 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. 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 twelve cases, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T