Amarnath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7712 of 2018 Arising Out of PS. Case No.-804 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Amarnath Mahto, son of Bindeshwar Mahto, resident of village- Sikandra Darvesa, P.S. Dariyapur, District-Saran (Chhapra). ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. YOGENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Hajipur Town P.S. Case No. 804 of 2017, registered under Sections 120(B), 185/34 of the Indian Penal Code and Section 30 and 38 of the Bihar Excise and Prohibition Act. The accusation is that on receiving secret information about carrying of illicit liquor loading on a truck along with fridge from Patna to Chhapra. The informant and other Police officials started checking the vehicles at N.H. 19 near Gandak bridge. In that course one truck bearing Reg. No. RJ-14GC-9134 was stopped and on search 199 cartons, containing 456 bottles, each containing 375 ML India made foreign liquor were recovered behind the loaded fridge. On inquiry, the driver disclosed his name as Rambir Singh saying that the alleged liquor was loaded for unloading the same at

Patna High Court Cr.Misc. No.7712 of 2018(2) dt.08-02-2018 2/2 the house of Upendra Rai and Umesh Rai at village Manpura, P.S. Dariyapur, District-Chhapra in the said truck the petitioner was also found sitting.

Learned counsel for the petitioner submits that, in fact, petitioner was standing on the road for catching the vehicle for going to Sonepur at that time the said truck was come near the petitioner and petitioner boarded in the truck. Thereafter, truck was apprehended and petitioner has falsely been implicated in this case mere on suspicion. The petitioner has no criminal antecedent and he is in custody since 18.11.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-II-cum-Special Judge Excise Act, Vaishali at Hajipur in connection with Hajipur town P.S. Case No. 804 of 2017.

(Rajendra Kumar Mishra, J) manish/- U T