Anil Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2673 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- PANDAUL District- Madhubani ====================================================== Anil Kumar Mahto, Son of Baidhanath Mahto, resident of village Bhagwatipur PS Pandaul Distt Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2019 Heard both sides.

Petitioner apprehends his arrest in Pandaul P.S. Case No.35 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a), 36, 38(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The informant on secret information raided the house of Manoj Sah and recovered 15 bottles of Indian made foreign liquor behind the house of Manoj Sah. The informant alleged that Manoj Sah and petitioner are indulged in supplying illicit liquor.

Learned counsel for the petitioner submits that nothing has been recovered from the house of the petitioner or from anywhere under the conscious possession of the petitioner. 15 bottles of Indian made foreign liquor are said to have been

Patna High Court Cr.Misc. No.2673 of 2019(2) dt.21-01-2019 2/2 recovered behind the house of Manoj Sah and Manoj Sah has been granted anticipatory bail vide order passed in Cr. Misc. No.22299 of 2018 by a co-ordinate Bench of this Court. Petitioner also deserves anticipatory bail.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that nothing has been recovered from possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Session Judge-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P.S. Case No.35 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T