Bhola Mahto @ Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86136 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- SALAIYA District- Aurangabad ====================================================== 1.

Bhola Mahto @ Bhola Kumar Son of Mahesh Mahto Resident of VillageBeri, P.S.- Salaiya, District- Aurangabad 2.

Satyendra Chudhary @ Towar @ Satyendra Kumar Son of Aashish Choudhary Resident of Village- Beri, P.S.- Salaiya, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30 (a), 34, 36 of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 80 litres of illicit liquor is said to have recovered from the bush situated at dam. He submits that the name of the petitioners transpired in this case on the basis of secret information. He further submits that

Patna High Court CR. MISC. No.86136 of 2024(2) dt.17-12-2024 2/3 petitioner no. 1 has one criminal antecedent of similar nature and petitioner no. 2 has no criminal antecedent as stated in para3 of the bail application.

4. Petitioner no. 1 is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) and petitioner no.2 is agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Salaiya P.S. Case No.88 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., subject to the further conditions that:

(1) That one of the bailors will be a close relative of

Patna High Court CR. MISC. No.86136 of 2024(2) dt.17-12-2024 3/3 the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) anand/- U T