Bhukhal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1909 of 2020 Arising Out of PS. Case No.-280 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== Bhukhal Mahto, Gender - Male, aged about 40 years, Son of Harak Mahto, Resident of Village - Harabhua Lala Tola, P.S.- Sirsiya (O.P.), Distt - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No.7, Advocate For the State :

Mr.Humayu Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chanpatiya Sirisiya (O.P.) P.S. Case No. 280 of 2019 registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Sections 30(A), 30(B), 30(c) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that there is recovery of 15 liters of country made liquor from the house of the petitioner. Learned counsel for the petitioner further submits that the house belongs to the joint family property. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner

Patna High Court CR. MISC. No.1909 of 2020(2) dt.27-02-2020 2/2 and the petitioner has got no criminal antecedent. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs.10,000/- (ten thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release him on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Bettiah, West Champaran in connection with Chanpatiya (Sirisiya) P.S. Case No. 280 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T