Dinesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72987 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== DINESH MAHTO SON OF JAGDEV MAHTO @ JAGDEO MAHTO RESIDENT OF VILLAGE- WARD NO. 9, GOPALPUR, PS- KALYANPUR, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-11-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with A.P.M. P.S. Case No. 150 of 2023 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, informant alongwith police official, recovered 6 litre foreign liquor from the bag hanging in the handle of Apache motorcycle in question.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been transpired in the present case as owner of the seized motorcycle in question. He further submits that petitioner is innocent and

Patna High Court CR. MISC. No.72987 of 2023(2) dt.10-11-2023 2/3 has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Learned counsel orally submits that petitioner has no knowledge regarding the alleged liquor kept in the handle of motorcycle, as his motorcycle has been taken away in a friendly gesture. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submits that petitioner was not present at the place of occurrence. There is complete violation of mandatory provision of Section 100 of Cr.P.C. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the aforesaid section.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.72987 of 2023(2) dt.10-11-2023 3/3 amount each to the satisfaction of learned Exclusive Special Judge-I (Excise Act), Darbhanga in connection with A.P.M. P.S. Case No. 150 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) vashudha/- U T