Arjun Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17196 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== ARJUN MAHTO Son of Late Bangali Mahto R/o village- Khanpur, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with G.O. Excise Case No. 50 of 19 arising out of Simri P.S. Case No. 02 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38, 41 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of huge quantity of illicit liquor from a scorpio vehicle and a truck and upon interrogation, the driver of the truck disclosed that the consignment of illicit liquor was supplied by one Satyaveer Sharma of the State of Haryana to the co-accused, namely, Pradeep Mahto, who further distributes it along with his father, namely, Arjun Mahto in the State of Bihar.
Patna High Court CR. MISC. No. 17196 of 2019(2) dt.02-04-2019 2/2 The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor he has been arrested from the spot and merely, on suspicion, he has been roped in the present case on the confessional statement made by the driver of the seized truck in which huge quantity of illicit liquor was found. It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 21.01.2019. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. Vth cum Special Judge (Excise), Darbhanga in connection with G.O. Excise Case No. 50 of 2019 arising out of Simri P.S. Case No. 02 of 2019. (Mohit Kumar Shah, J) ajay gupta/- U T