Sakal Mahto @ Guddu Mahto @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 8386 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- TARIYANI CHOWK District- Sheohar ====================================================== SAKAL MAHTO @ GUDDU MAHTO @ GUDDU S/o Late Devdhari Mahto Resident of Village- Hewatnagar (Heot Nagar), P.S.- Tariyani, DistrictSheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Tariyani Police Station (for brevity, PS) Case No 1 of 2020 dated 01.01.2020 instituted for the offence punishable under Section(s) 30 (a) of Bihar Excise and Prohibition Act, 2016. Even, as per the prosecution case, it is alleged that 105 liters of "Tari" has been recovered from the front of the petitioner's house. Learned counsel for the petitioner submits that there is non-compliance with Section 100 of Criminal Procedure Code. Recovery is from an open place having general public access. It is submitted that in the said circumstances, no case whatsoever is made against the

Patna High Court CR. MISC. No.8386 of 2020(2) dt.29-02-2020 2/3 petitioner for offences under the Bihar Excise and Prohibition Act, 2016.

The learned APP for the State has opposed the prayer for anticipatory bail referring to the provisions contained in Section 76 (2) of the Bihar Prohibition and Excise Act. For the limited purpose of grant of bail, this Court is inclined to accept the submissions of learned counsel for the petitioner.

Considering the aforesaid facts, prayer of petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I -cum- Special Judge, Excise, Sheohar in connection with Tariyani PS Case No 1 of 2020 subject to the conditions as laid down under Section 438

(2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.8386 of 2020(2) dt.29-02-2020 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U