Mission Compound, Dahiywan v. Mr. Abhijeet Abhigyan

Judgment

5. Dilip Mahto Son of Sudama Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

7. Tufani Mahto @ Tubhani Mahto Son of Sudama Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran Sanjay Mahto Son of Sudama Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

8. Mithun Mahto Son of Sudama Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

9. Ajay Mahto @ Ajay Kumar Son of Awadhesh Mahto @ Abdesh Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

10. Vijay Mahto @ Vijay Kumar Son of Awadhesh Mahto @ Abdesh mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

11. Arjun Mahto Son of Lalji Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

12. Bhim Mahto Son of Lalji Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

13. Nakul Mahto @ Nakul Kumar Son of Lalji Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

14. Ram Pravesh Mahto Son of Saheb mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

15. Arun mahto @ Arun Kumar Mahto Son of Saheb Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

16. Jitendra Mahto Son of Mahendra Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

17. Shailesh mahto @ Shailash Mahto Son of Mahendra Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

18. Bindu Mahto @ Pintu Mahto Son of Brahmdeo Bharti @ Brahmdeo Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

19. Sangita Devi @ Savita Devi Wife of Pintu Mahto Resident of Mohalla-

Patna High Court CR. MISC. No.1445 of 2025(2) dt.05-02-2025 Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran

20. Usha Devi Wife of Mahendra Mahto Resident of Mohalla- Mission Compound, Dahiywan, P.S.- Chapra Town, Dist.- Saran The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : Mr. Abhijeet Abhigyan For the Petitioner/s : For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 05-02-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 115(2), 126(2), 118(1), 109, 132, 324(4) of B.N.S., 2023 and Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of four cases, petitioner no.4, 8, 11, 13 and 16 have antecedent of two cases, petitioner no.6, 14, 17, 19 and 20 have antecedent of one case, petitioner no.5 has antecedent of five cases and petitioner no.7 and 18 have antecedent of three cases, while petitioner no.3, 9, 10, 12 and 15 are persons with clean antecedent and allegation is of recovery of 200 litres of liquor from a place near mission compound. It is Patna High Court CR. MISC. No.1445 of 2025(2) dt.05-02-2025 next submitted that petitioners have been falsely implicated in the instant case and they were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and as far as allegation of assaulting the police is alleged, the same is general and omnibus in nature and the F.I.R. does not disclose that on what basis the informant came to know about the names of the petitioners.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.25000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chapra Town P.S. Case No.581/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that thereafter the learned trial court Patna High Court CR. MISC. No.1445 of 2025(2) dt.05-02-2025 shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of more than four cases, petitioner no.4, 8, 11, 13 and 16 have antecedent of more than two cases, petitioner no.6, 14, 17, 19 and 20 have antecedent of more than one case, petitioner no.2 has antecedent of more than three cases, petitioner no.5 has antecedent of more than five cases, petitioner no.7 and 18 have antecedent of more than three cases and petitioner no.3, 9, 10, 12 and 15 have antecedent of even one case, in that event, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- U T (Satyavrat Verma, J)