Patna High CourtCR. MISC./5912/2019bail granted

Deepak Kumar @Deepak Kumar Mahton v. The State Of Bihar

2019-02-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5912 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Deepak Kumar @ Deepak Kumar Mahton Son of Ram Das Mahton Resident of Village- Augan, P.O.- Dahiya @ Dahia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhagwanpur P. S. Case No. 172 of 2018 dated 22.08.2018 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. It appears that approximately 258 litres of liquor was recovered from a Santro Car from where license of one Nitesh Kumar was found. During the course of investigation, one Dharamveer Mahto @ Laffu was arrested who disclosed the name of the petitioner as well.

Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.5912 of 2019(2) dt.04-02-2019 2/2 that but for the confession of a co-accused person, there is no other material to connect the petitioner with the offence and there is no recovery from the possession of the petitioner.

The petitioner does not have any criminal antecedents.

For the aforesaid facts, the petitioner, abovenamed, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Shri Anil Kumar Sinha, Additional Session's Judge-II-cum-Special Judge, (Excise Act), Begusarai in connection with Bhagwanpur P. S. Case No. 172 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U