Ganesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13489 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- DEO District- Aurangabad ====================================================== GANESH MAHTO Son of Late Alakhdeo Mahto Resident of Village Sadkar P.S. Deo District Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272,273 of IPC and Section 30(a) of Bihar Prohibition and Excise Amended Act, 2018.

Submission is that recovery of liquor is alleged from two motorcycles parked on the road side. Petitioner has got no criminal antecedent nor the motorcycles are of the petitioner. Considering the fact that there is no direct material on involvement of the petitioner in the act alleged, let the

Patna High Court CR. MISC. No.13489 of 2021(2) dt.17-11-2021 2/2 petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Deo P.S.Case No.104 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T