Manoj Kumar Mahto @ Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.590 of 2025 Arising Out of PS. Case No.-379 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Manoj Kumar Mahto @ Manoj Mahto Son of Suresh Mahto Resident of Village - Rampatti, P.S. - Rajnagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with G.R. No. 1404 of 2024 arising out of Rajnagar P.S. Case No. 379 of 2024 registered for the offences punishable under Sections 274, 275, 3(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 450 litres of illicit liquor was recovered from white Maruti Suzuki Car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.590 of 2025(2) dt.14-02-2025 2/3 present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that petitioner is neither the owner nor the driver of the seized car. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused person. The petitioner has two criminal antecedents. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide orders dated 20.1.2025 and 31.01.2025 passed in Cr. Misc. Nos. 844 of 2025 and 6463 of 2025 respectively.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.590 of 2025(2) dt.14-02-2025 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with G.R. No. 1404 of 2024 arising out of Rajnagar P.S. Case No. 379 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T