Allowed¶19

Shravan Mahto v. The State of Bihar

Patna HC5 May 2025CR. MISC./2995/2025

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.2995 of 2025; anticipatory bail; Sections 30(a) and 41(1) Bihar Prohibition and Excise Act; Section 438(2) Cr.P.C.; Pandaul P.S. Case No.240 of 2024; Madhubani; 55 liters country-made liquor; bamboo orchard; chaukidar disclosure; not named in FIR; no criminal antecedent; Shravan Mahto; Soni Shrivastava; bail bond Rs.10,000; dated 05-05-2025.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the learned Court below within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and cooperation in investigation/trial. ¶19

Shravan Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether anticipatory bail should be granted to Shravan Mahto, who apprehends arrest for offences punishable under Sections 30(a) and 41 (1) of the Bihar Prohibition and Excise Act in connection with Pandaul P.S. Case No.240 of 2024. +1 more

¶14

Court's answer

Taking into consideration the facts and circumstances of the case, including that the petitioner has no criminal antecedent, the Single Judge extended the privilege of anticipatory bail to the petitioner.

¶19

Ratio / Principle

The petitioner was directed to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court below where the case is pending/successor Court, in connection with Pandaul P.S. Case No.240 of 2024.

¶19

Key takeaways

The release was made subject to the conditions laid down under Section 438(2) of the Cr.P.C. and to a further condition that the petitioner shall cooperate in the investigation/trial.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J; oral order dated 05-05-2025) granted anticipatory bail to Shravan Mahto apprehending arrest under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act in Pandaul P.S. Case No.240 of 2024 (District Madhubani), wherein 55 liters of country-made liquor was recovered from a bamboo orchard. Grant rested on counsel's submissions that the petitioner is not named in the F.I.R., his name surfaced through disclosure by the local chaukidar, the recovery spot is open and easily accessible, he was not caught on the spot, nothing was recovered from his physical or conscious possession, and he has no criminal antecedent. Release ordered on arrest or surrender within four weeks on a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and cooperation in the investigation/trial.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2995 of 2025

¶2

Arising Out of PS. Case No.-240 Year-2024 Thana- PANDAUL District- Madhubani

¶3

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

¶4

Shravan Mahto S/o Ramesh Mahto R/o vill - Pacchwari Tol Pandaul, P.S. - Pandaul, Distt. - Madhubani

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ======================================================

¶10

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

¶11

4 05-05-2025

¶12

Heard learned counsel for the petitioner and learned

¶13

APP for the State.

¶14

The petitioner apprehends his arrest for the offences punishable under Sections 30(a) and 41 (1) of the Bihar Prohibition and Excise Act.

¶15

A perusal of the first information report and the seizure list would go to show that total 55 liters of country made liquor has been recovered from a bamboo orchard.

¶16

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name surfaced in this case on account of disclosure made by the local chaukidar. He further submits that the place of recovery is an open place and easily accessible to anyone, hence the liability cannot be fixed upon the petitioner. It is also a fact that the petitioner was

¶17

Patna High Court CR. MISC. No.2995 of 2025(4) dt.05-05-2025 2/2

¶18

not caught on the spot and nothing has been recovered from his physical or conscious possession.

¶19

Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioner has no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Pandaul P.S. Case No.240 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

¶20

(Soni Shrivastava, J)

¶21

Trivedi/-

¶22

U T

Shravan Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shravan Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Raju Kumar Ray Vs The State of Bihar

Md. Faiyaz Vs The State of Bihar

Guddu Ray @ Amrendra Kumar Vs The State of Bihar

Sonu Kumar Vs The State of Bihar

Vishal Kumar Vs The State of Bihar

Madan Kumar @ Madan Murari Vs The State of Bihar