Rahul Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68393 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Rahul Mahto S/O Kishore Mahto Resident of Village- Dipau Dhangar Toli, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case instituted under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
3. There is recovery of 20 litres of illicit liquor from a shop covered with an asbestos roof.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery has been made from a shop covered with an asbestos roof owned by the brother of petitioner. Petitioner has no concern either with the seized illicit liquor or the shop in question. There is no independent witness
Patna High Court CR. MISC. No.68393 of 2025(2) dt.13-10-2025 2/2 of the seizure list. Petitioner has got clean antecedent and he undertakes to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court concerned, East Champaran, Motihari in connection with Kotwa P.S. Case No.230 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) Harish/- U T