Ashok Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87795 of 2024 Arising Out of PS. Case No.-251 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Ashok Mahto Son of Ganga Mahto Village -Chunabhatti near Durga Mandir, P.S.-University (L.N.M.U), District -Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the State :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with University P.S. Case No. 251 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per the allegation, 37.700 litre of liquor has been recovered from an open space, adjoining the house of the petitioner.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is no way connected
Patna High Court CR. MISC. No.87795 of 2024(2) dt.08-01-2025 2/3 with the alleged offence and the present case has been filed without any legal basis. He further submits that no prima facie case is made out against the petitioner under the Excise Act.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge II (Excise Act), Darbhanga, in connection with University P.S. Case No. 251 of 2024, subject to the conditions as laid down under Section 438
(2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.87795 of 2024(2) dt.08-01-2025 3/3 below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T