This oral order grants anticipatory bail to the petitioner, apprehending arrest in a proceeding involving alleged violation of prohibition laws, subject to specific bond conditions and surrender within six weeks.
Petitioner released on anticipatory bail on furnishing bond of Rs. 10,000 with two sureties upon surrender within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58137 of 2023
Arising Out of PS. Case No.-119 Year-2021 Thana- ROSERA District- Samastipur
======================================================
LAL BABU MAHTO S/O RAJENDRA MAHTO R/O VILLAGEILMASNAGAR, PS. KHANPUR, DIST. SAMASTIPUR
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bijay Bhushan Prasad For the Opposite Party/s : Mr.Satya Nand Shukla ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 22-09-2023
Patna High Court CR. MISC. No.58137 of 2023(2) dt.22-09-2023 2/3
recovered liquor. He further submits that seized motorcycle does not belong to the petitioner. He further submits petitioner bears criminal antecedent of two cases which is similar to the present case. He further submits on account of previous criminal antecedent he has falsely been implicated in the present case. Except suspicion and confessional statement of co-accused Mukesh Kumar, there is nothing on record to connect the present petitioner with the alleged occurrence. Learned counsel further submits that in the light of aforesaid facts and circumstances of the case, no offence is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.58137 of 2023(2) dt.22-09-2023 3/3
1, Samastipur in connection with Rosera P.S. Case No. 119 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Alok Kumar Pandey, J)
vashudha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the case of alleged offence under the Bihar Prohibition and Excise Act and IPC?
3 provisions across 3 enactments
Lal Babu Mahto
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
