Shambhu Mahto @ Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83657 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Shambhu Mahto @ Shambhu Kumar Son of Sakaldeo Mahto Resident of Village- Kiranpur, P.S.- Medni Chouki, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Irshad, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Medni Chouki P.S. Case No. 180 of 2024 dated 13.08.2024 instituted for the offence punishable under Sections 30(a), 32 of Bihar Prohibition and Excise Act.

3. The allegation is of recovery of total 6 litres Mahua liquor near the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession of the petitioner or from his house rather the said recovery has been made outside the house of the petitioner which is open place and easily accessible to anyone.

Patna High Court CR. MISC. No.83657 of 2024(2) dt.11-12-2024 2/2 Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Medni Chouki P.S. Case No. 180 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-V - cum - Exclusive Special Excise Court No. 2, Lakhisarai, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T