Sandeep Mahto @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69032 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- MASHRAK District- Saran ====================================================== Sandeep Mahto @ Sandeep Kumar Son of Sonalal Mahto @ Sona Mahto Resident of Vill- Mashrak, Sarivartik, P.S.- Mashrakh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

1. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mashrakh P.S. Case No. 330 of 2024 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

2. The case of the prosecution is that on secret information, the informant went for making raids and when he

Patna High Court CR. MISC. No.69032 of 2024(2) dt.18-10-2024 2/3 reached on the identified place, he found that one man was standing with the bag and he fled away throwing the bag and could not be apprehended. His name was disclosed as Sandeep Mahto by the neighbourers and from the bag altogether 5.5 liters of foreign liquor was recovered. The petitioner was not apprehended from spot, nothing has been recovered from his possession rather recovery has been made from an open place.

3. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is a person with clean antecedent.

4. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mashrakh P.S. Case No. 330 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge,

Patna High Court CR. MISC. No.69032 of 2024(2) dt.18-10-2024 3/3 Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T