Pashuram Mahto @ Lohar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75489 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Pashuram Mahto @ Lohar Mahto Son of Bindeshwar Mahto, Resident of Village - Kachhara (Betauna), P.S.-Benipatti, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioner and Mr. Akshay Lal Pandit, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Benipatti P.S.Case No.94 of 2023, registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of Bihar Excise (Prohibition) Amendment Act, 2022.

3. Prosecution story in short is that the police seized 11.700 ltrs. illicit liquor from a bag, which was being carried by co-accused, Md. Salauddin Sah, who disclosed the name of the petitioner.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.75489 of 2023(2) dt.29-11-2023 2/3 petitioner submits that nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner surfaced only on the basis of confessional statement of co-accused, Md. Salauddin Sah. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and considering the nature of allegation of recovery of 11.700 ltr. of illicit liquor, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of Addl. Sessions Judge II cum Special Judge (Excise Act), Madhubani in connection with Benipatti P.S.Case No.94 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will

Patna High Court CR. MISC. No.75489 of 2023(2) dt.29-11-2023 3/3 automatically lose its force.

(Purnendu Singh, J) chn/- U