Jitan Mahto @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78791 of 2023 Arising Out of PS. Case No.-1573 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== JITAN MAHTO @ AMIT KUMAR S/O DUKHI MAHTO @ DUKHI SINGH R/O VILLAGE- DAHIYAR, P.S- SASARAM (M), DISTT.- ROHTAS.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 34 and 38 of Bihar Prohibition and Excise Act, 2016.

3. Altogether 250 litres of country made liquor has been recovered from the bamboo bushes. Seeing the police party, all the accused persons fled away from the spot.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery or any trade of

Patna High Court CR. MISC. No.78791 of 2023(2) dt.12-12-2023 2/3 liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. He was not apprehended on the spot. He had not consumed liquor. His name has been transpired in the present case merely on suspicion. Similarly situated co-accused have been granted anticipatory bail. Petitioner has seven criminal antecedents of similar nature that of the present case.

5. Petitioner is agreed to deposit a sum of Rs. 40,000.00 (Rupees Forty Thousand) in account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Sasaram (M) P.S. Case No. 1573 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

Patna High Court CR. MISC. No.78791 of 2023(2) dt.12-12-2023 3/3

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. (Anjani Kumar Sharan, J) divyanshi/- U T