Sanjay Mahto @ Sanjay Kumar Mahto @ Bisiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70301 of 2022 Arising Out of PS. Case No.-432 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== SANJAY MAHTO @ SANJAY KUMAR MAHTO @ BISIYA Son of Bhubneshwar Mahto Resident of Chakkan Tola, North Mandiri, P.S.- Budha Colony, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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 has antecedent of two cases and allegation is of recovery of 150 liters of liquor from a place near a drainage at Bansghat.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on information provided by an anonymous people of the locality, it is also

Patna High Court CR. MISC. No.70301 of 2022(2) dt.19-12-2022 2/2 submitted that police because of antecedent got him implicated. 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. 15,000/- (Rupees Fifteen 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 Buddha Colony P.S. Case No. 432 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, the learned Trial Court before accepting the bail bonds shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than two cases then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Rishabh/- U T