Allowed

Mithlesh Mahto v. The State of Bihar

Patna HC5 Jul 2021CR. MISC./22705/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to Mithlesh Mahto in a case under the Bihar Prohibition and Excise Act, 2018. The court directed the petitioner to remove pending case defects and release him on personal bond with conditions regarding bail bonds and sureties.

What did the court decide?

Release on anticipatory bail on personal bond subject to conditions of furnishing bail bonds and sureties after defect removal and restoration of normalcy.

Mithlesh Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22705 of 2021

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Arising Out of PS. Case No.-480 Year-2020 Thana- HISUWA District- Nawada

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======================================================

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Mithlesh Mahto, aged about 30 years, Male, Son Of Jayram Mahto @ Malkha, R/O Village- Basti Bigha, P.S.- Hisua, District- Nawada.

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... ... Petitioner

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Versus

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The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Krishna Deo Raj, Advocate. For the Opposite Party : Mr. A.G. ======================================================

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... ... Opposite Party

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 05-07-2021

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Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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Heard learned counsel for the petitioner and learned

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counsel for the State through virtual mode.

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The petitioner is apprehending his arrest in a case for the offence registered under Section 30(D) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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The prosecution story, in brief, is that Mahua and Jaggery solution is said to have been recovered in open field in abandoned state.

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It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no

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Patna High Court CR. MISC. No.22705 of 2021(2) dt.05-07-2021 2/3

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allegation of tampering with the witnesses alleged against the petitioner. It is alleged that Mahua and Jaggery solution are recovered from the open field in abandoned state. The name of the petitioner has transpired in the present case on the basis of disclosure made by local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

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Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned A.D.J.-II-cumSpecial Court, Nawada, in connection with Hisua P.S. Case No. 480/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only

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Patna High Court CR. MISC. No.22705 of 2021(2) dt.05-07-2021 3/3

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with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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U.K./- U T

Mithlesh Mahto v. The State of Bihar

Case brief

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Mithlesh Mahto v. The State of Bihar

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