Patna High CourtCR. MISC./16122/2019bail granted

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

2019-03-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16122 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== RAKESH MAHTO @ RAKESH KUMAR MAHTO Son of Late Ram Prasad Mahto Resident of Village - Taryan Magerpal, P.S. Dariyapur, Distt. Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 369 of 2018 for the offences punishable under Sections 272, 273, 308 of the Indian Penal Code and Sections 30/30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 1299 liters of illicit wine from the two co-accused persons when they were apprehended by the police and in their confessional statement, they are said to have disclosed the name of the petitioner who is said to have fled away from the spot.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No. 16122 of 2019(2) dt.29-03-2019 2/2 petitioner has been falsely implicated in the present case, no recovery has been made from his conscious possession, he is having a clean antecedent and is languishing in custody since 04.01.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 6th A.D.J., Saran at Chapra in connection with Dariyapur P.S. Case No. 369 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T