Mithun Kumar @ Mithun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65268 of 2022 Arising Out of PS. Case No.-231 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== MITHUN KUMAR @ MITHUN MAHTO Son of Bihari Mahto R/vPatelpur, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 30 liters liquor from the bank of river near Gopal Rai's chimney.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which is accessible to public at large and petitioner came to be implicated

Patna High Court CR. MISC. No.65268 of 2022(2) dt.02-12-2022 2/2 at the instance of spy and Chowkidar, it is next submitted that it appears that the Chowkidar, spy and the local people in order to save the real culprit, falsely implicated the petitioner who is a person with clean antecedent, further the F.I.R also does not disclose the name of any local people who disclosed the name of the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Suryagarha P.S. Case No. 231 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T