Ranjit Mahto @ Ranjit Kumar Mahto @ Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66469 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- GADHPURA District- Begusarai ====================================================== RANJIT MAHTO @ RANJIT KUMAR MAHTO @ RANJIT KUMAR S/O Rajendra Mahto R/O Village- Sihi Tola, Goriyahi, Ward No-14, P.SHasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 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 Sections 30(a) of the Bihar Excise Act and Section 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of five cases and allegation is of recovery of 1844.70 liters of liquor from a truck, further 90 liters of liquor from a Bolero vehicle.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.66469 of 2022(2) dt.09-12-2022 2/3 the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of co-accused Raushan Kumar in police custody which does not have any evidentiary value, it is next submitted that since petitioner has antecedent, as such, police through Raushan got him implicated. Learned counsel also submits that petitioner is neither the owner nor the driver of the alleged seized vehicle.

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. 25,000/- (Rupees Twenty Five 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 Garhpura P.S. Case No. 67 of 2022 subject to the conditions as laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.66469 of 2022(2) dt.09-12-2022 3/3 Cr.P.C.

One of the bailor of the petitioner shall be his father Rajendra Mahto.

Further, the learned trial Court before accepting the bail bonds of the petitioner shall verify about the criminal antecedents of the petitioner and in the event, if it is found that petitioner has more than five criminal antecedents then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) GauravSinha/- U T