Amarjeet Mahto @ Amarjit Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66772 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- Excise P.S. District- Samastipur ====================================================== AMARJEET MAHTO @ AMARJIT KUMAR MAHTO S/O VAKIL MAHTO R/O VILLAGE- HAWASPUR, WARD NO. 11, P.S- PATORY, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Narayan Roy, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 7.350 litres of illicit liquor has been recovered from the half-constructed house of the petitioner.

4. Learned counsel for the petitioner submits that the alleged recovery has been made from a half constructed house which is in abandoned condition and accessible to all. No incriminating material has been recovered from the conscious possession of the petitioner or from his residential house. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.66772 of 2023(2) dt.18-10-2023 2/2

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise)- 02, Samastipur in connection with Excise P. S. Patori (Samastipur) Case No. 47 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T