Bindeshwari Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3797 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- JURAWANPUR District- Vaishali ======================================================

1. Bindeshwari Mahto aged about 40 years, Male, S/o Jhagar Mahto

2. Gorakh Mahto aged about 36 years, Male, Son of Maran Mahto Both Resident of Village- Raghopur West, P.S.- Jurawanpur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioners apprehend their arrest in Jurawanpur P.S. Case No.62 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police officials raided a place and recovered country made liquor from an open place but at the instance of a cattle owner, 11 persons including the petitioners have been named in the F.I.R.

The learned counsel for the petitioners submits that no material collected which shows that the petitioners had kept or were selling liquor in open place. Nothing has been recovered from the conscious possession of the petitioners. Considering the aforesaid facts and nature of

Patna High Court Cr.Misc. No.3797 of 2019(2) dt.25-01-2019 2/2 allegation made against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No.62 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T