Rajiv Kumar Mahto @ Pappu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8674 of 2019 Arising Out of PS. Case No.-184 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== Rajiv Kumar Mahto @ Pappu Mahto, aged about 35 years, Gender- Male, Son of Sahdev mahto, Resident of Village - Gangapur, P.S.- Musrigharari, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41(i), (ii) and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that the police received a secret information to the effect that the petitioner along with coaccused, Jai Prakash Mahto@ Raghu Mahto is getting the illicit liquor unloaded in the Litchi orchard of one Shankar Singh,

Patna High Court Cr.Misc. No.8674 of 2019(2) dt.14-02-2019 2/3 whereupon police laid a raid on the said orchard, on seeing the police personnel, the accused persons including the petitioner escaped from the scene, but 1058.04 litres of illicit foreign liquor were recovered from the place of occurrence. It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious physical possession of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner escaped from scene from where the police made the recovery of the said liquor.

Considering the fact that the said recovery was made from the Litchi orchard of one Shankar Singh and the petitioner was not spotted on the place of recovery, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III-cum-

Patna High Court Cr.Misc. No.8674 of 2019(2) dt.14-02-2019 3/3 Special Judge, Excise, Samastipur in connection with Musrigharari P.S. Case No. 184 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T