Patna High CourtCR. MISC./11896/2019bail granted

Mithun Kumar @ Mithun Mahto And ANR v. The State Of Bihar

2019-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11896 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== 1.

MITHUN KUMAR @ MITHUN MAHTO, Son of Ramu Mahto 2.

Ramu Mahto, Son of Late Mahendra Mahto, both residents of VillageSalkhua Goth, Police Station- Salkhua, District- Saharsa. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2019 Petitioners seek bail in anticipation of their arrest in connection with Salkhua P.S. Case No. 208 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 73.5 litres of liquor from the paddy field and it is said that the petitioners had brought the said liquor.

Submission of learned counsel for the petitioners is that they have falsely been implicated only on suspicion, having no criminal antecedent and nothing has been recovered either from their possession or from their house.

Heard learned APP also.

Having heard both sides and in the facts and

Patna High Court CR. MISC. No.11896 of 2019(2) dt.27-02-2019 2/2 circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge-II-cum-Special Judge, Excise, Saharsa, in connection with Salkhua P.S. Case No. 208 of 2018, corresponding to Special (Excise) Case No. 572 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T