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Patna High CourtCR. MISC./9236/2020allowed

Ajay Mahto @ Ajay Kumar Mahto v. The State Of Bihar

2020-06-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9236 of 2020 Arising Out of PS. Case No.-73 Year-2018 Thana- JHANJHARPUR District- Madhubani ====================================================== AJAY MAHTO @ AJAY KUMAR MAHTO, Son of Yogendra Mahto, Resident of Village- Mauwahi, P.S- Jhanjharpur (Arariya Sangram), DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Jhanjharpur (Arariya Sangram) P.S. Case No. 73 of 2018 for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2016.

In the instant case one bottle Officer Choice containing 775 Ml. liquor and two bottles Imperial Blue containing 375 Ml. liquor from the possession of Jay Ram Kunwar was seized, who disclosed that he has got the liquor from the petitioner.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that petitioner is not in the business of liquor.

Patna High Court CR. MISC. No.9236 of 2020(3) dt.10-06-2020 2/2 Considering the fact that the petitioner has got no criminal antecedent and there is no recovery of any material from the house or possession of the petitioner, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Madhubani in connection with Jhanjharpur (Arariya Sangram) P.S. Case No. 73 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the condition that the petitioner will render his service as volunteer for a period of one month in dedicated Covid Hospital. He is required to report to the District Nodal Officer in the concerned region, who shall utilize his service in this pandemic.

(Anil Kumar Upadhyay, J) uday/- U T