Suraj Dev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12493 of 2020 Arising Out of PS. Case No.-266 Year-2018 Thana- LADANIA District- Madhubani ====================================================== Suraj Dev Mahto Son of Kushwar Mahto Resident of Village - Khaira Math, P.S. - Jaynagar, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Ladaniya P.S. Case No. 266 of 2018 registered for the offence under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per F.I.R., 990 liters of Nepali liquor is said to have recovered at Pillar No. 264/16 near Jogiya village on a road.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case due to the fact that his motorcycle was parked there alongwith two other motorcycles and one Maruti car. Nothing has been recovered either from his conscious possession or from his motorcycle. It is further submitted that mandatory provision under Section 100 Cr.P.C. has not been followed with respect to search and seizure.

Patna High Court CR. MISC. No.12493 of 2020(3) dt.04-03-2020 2/2 Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Additional Sessions Judge II cum Special Judge (Excise Act), Madhubani in connection with Ladaniya P.S. Case No. 266 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T