Televar Mahto @ Talevar Chaudhry @ Talevar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88742 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- BISFI District- Madhubani ====================================================== Televar Mahto @ Talevar Chaudhry @ Talevar Mahto Son of Late Shukan Mahto R/o - Village- Bisfi Gola, P.S - Bisfi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bisfi Police Station Case No. 195 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the F.I.R., on 06.10.2024, the Police got the information that one person is carrying liquor for sale, proceeded towards the place of occurrence and arrested one person along with 8.70 liters of Nepali country made liquor. The arrested person disclosed that the liquor was given by the petitioner for sale.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been made accused on the basis of disclosure of his

Patna High Court CR. MISC. No.88742 of 2024(2) dt.22-01-2025 2/2 name by the arrested co-accused person. The illicit liquor has not been recovered from the conscious possession and premises belonging to the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that liquor has not been recovered from the conscious possession and/or premises of the petitioner, as his name has transpired on the basis of disclosure by the co-accused person, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge Excise Act, Madhubani in connection with Bisfi Police Station Case No. 195 of 2024 subject to the condition laid down under Section 30(a) of the Bihar Prohibition and Excise Act.

(Anil Kumar Sinha, J) sharun/- U T