Suresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66709 of 2025 Arising Out of PS. Case No.-276 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Suresh Mahto S/o Late Mohram Mahto R/o Village- Chailaha Lala Tola (Dhangar Tola), P.S.-Banjariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Banjariya P.S. Case No. 276 of 2025 dated 22.05.2025, instituted for the offence punishable under Sections 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a), 41 of the Bihar Excise Act, 2022.
3. The allegation is of recovery of 12 litres country made liquor from the corner of the house of petitioner. The place of seizure according to seizure list is Chailaha Dhangar Tola.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the said illicit liquor has not
Patna High Court CR. MISC. No.66709 of 2025(2) dt.24-09-2025 2/2 been recovered from the house of petitioner. Petitioner has no concern with the said seized liquor. It is next submitted that petitioner was not arrested on the spot. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Banjariya P.S. Case No. 276 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No. 1, East Champaran at Motihari, subject to condition as laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J) Sankalp/- U T