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Patna High CourtCR. MISC./6556/2023allowed

Ravindra Mahto v. The State Of Bihar

2023-04-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6556 of 2023 Arising Out of PS. Case No.-513 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Ravindra Mahto Son Of Ramsagar Mahto Resident Of Village- Chehrakala, P.S.- Goraul (Kathara O.P.), District- Vaishali, At Present Resident Of Baghjatin Colony, Silliguri (M Crop), P.S.- Pradhannagar, Darjeeling (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 405 liters of Indian made foreign liquor is said to have been recovered behind the house of the petitioner. He submits that the place of occurrence is not the house of the petitioner rather a small cottage situated behind his house. He submits that the petitioner is residing at Silliguri. He submits

Patna High Court CR. MISC. No.6556 of 2023(2) dt.11-04-2023 2/3 that the petitioner has one criminal antecedent as stated in para3 of the bail application. Petitioner is agreed to deposit a sum of Rs.40,000.00 (Rupees Four Thousand) in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Goraul P.S. Case No. 513 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.6556 of 2023(2) dt.11-04-2023 3/3 the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.

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