Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22053 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== DILIP MAHTO Son of Mahesh Mahto Resident of Village - Mahesh Munda, Bindtoli, P.S.- Kahalgoan, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail Kahalgaon P.S. case no. 9 of 2019 instituted for the offence under Section(s) 30(A), 37( C) of Bihar Prohibition and Excise Act, 2016 and Sections 188/ 290 of the I.P.C.

It is alleged in the written report that police got information that near Maheshmunda village Bindtoli some person have come from Jharkhand for selling the liquor and after taking liquor they were creating hue and cry. On getting this information, the informant went to the place of occurrence and after seeing the police party two person tried to run away who were caught by the police and disclosed their name as petitioner and co-accused Raja Mahto and in course of

Patna High Court CR. MISC. No.22053 of 2019(2) dt.08-04-2019 2/2 interrogation the smell of liquor was coming from their mouth. They disclosed that they were carrying the liquor from Jharkhand and on seeing the policy party they had thrown the liquor in the pond which was recovered after search from the pond.

Learned counsel for petitioner submits that petitioner has no concern with the recovered illicit liquor. There is no recovery of any illicit liquor from conscious possession of this petitioner.

Petitioner is in custody since 2.1.2019.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge cum Spl. Court, Excise Bhagalpur, in connection with Kahalgaon P.S. case no. 9 of 2019, subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T