Shambhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10434 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== SHAMBHU MAHTO, Son of Kishun Mahto Resident of Village - Khilhi, P.S. Laukaha, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Laukaha P.S. Case No. 214 of 2018, instituted for the offence under Section(s) 272, 273, 290 of the Indian Penal Code, Sections 30(a) and 37(b) of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that co-accused Bijali Mahto has been arrested by the police and 61.500 liters of illicit liquor has been recovered from his possession. He disclosed the name of petitioner and other accused persons. As such, there is no recovery of any liquor from conscious possession of the petitioner.

Petitioner is in custody since 4.12.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.10434 of 2019(2) dt.21-02-2019 2/2 the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cumSpecial Judge, Excise, Madhubani, in connection with Laukaha P.S. Case No. 214 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. It is mentioned in paragraph-3 of the bail petition that one Excise case of Laukaha P.S. Case No. 257 of 2018 is pending against the petitioner. Petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T