Ranjeet Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3271 of 2024 Arising Out of PS. Case No.-25 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== Ranjeet Kumar Mahto Son of Shiv Shankar Mahto Resident of Village - Barahima, P.S.- Sidhwaliya, District - Gopalganj, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a)/38/41 of Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 155.520 liters of liquor from a car.

4. It is next submitted that petitioner was not arrested from the spot, as such nothing was recovered from his conscious possession. It is further submitted that petitioner being owner of the car came to be implicated in a mechanical manner. It is next submitted no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself. It is also submitted that petitioner was

Patna High Court CR. MISC. No.3271 of 2024(2) dt.21-02-2024 2/2 completely unaware that the driver of the vehicle would misused the vehicle in the manner as alleged.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Manjhagarh P.S. Case No.25 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T