Ravi Shankar Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81491 of 2024 Arising Out of PS. Case No.-240 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Ravi Shankar Mahato S/o Panchanand Mahto Resident of village - Harnakundi Road, Purana Dumka, P.S. - Jama Sitakahbar, Distt.- Dumka, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Mishra, Adv For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard Mr. Sudhir Kumar Mishra, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Altogether 153 liters of foreign liquor is said to have been recovered from the car of the petitioner.
4. It is submitted by learned counsel for the petitioner that the 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 any trade of liquor. He has been falsely
Patna High Court CR. MISC. No.81491 of 2024(2) dt.10-12-2024 2/3 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis that he is the owner of the seized car. Petitioner has no criminal antecedent.
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch.
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 Khagaria P.S. Case No.240 of 2024, subject to the condition as laid down under Section 482 (2) of the BNSS, 2023, with the following conditions:
(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to
Patna High Court CR. MISC. No.81491 of 2024(2) dt.10-12-2024 3/3 inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Mahavir Cancer Sansthan.
(Anjani Kumar Sharan, J) shikha/- U T