Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63219 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- Bargaon District- Darbhanga ====================================================== Ashok Mahto, aged about 22 years, Gender-male, Son of Jawahar Mahto, Resident of Village - Bauram, P.S.- Bargao, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shadab Alam, Advocate Mr. Virender Kumar, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard Mr. Md. Shadab Alam, learned counsel appearing on behalf of the petitioner and Mrs. Madhuri Lata, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bargao P.S. Case No. 70 of 2025 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 342.06 litres of illicit foreign liquor from the grossery shop of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that due to enmity, the petitioner has been planted in a false case. Petitioner has no concern with the alleged seized liquor nor he is involved in trade of liquor in any manner. Petitioner has clean antecedent. On these grounds,

Patna High Court CR. MISC. No.63219 of 2025(2) dt.24-09-2025 2/2 petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Bargao P.S. Case No. 70 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

8. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T