Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18668 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== 1.

Raju Mahto, Son of Suraj Mahto, Resident of Village - Manichhapar, P.S.- Hathua, Distt - Gopalganj.

2.

Raj Kumar Mahto @ Chhatoo Mahto Son of Shankar Mahto, Resident of Village - Manichhapar, P.S.- Hathua, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mrs. Ishrat Bano ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on 31.12.2018, during patrolling C.I., Bimal Kumar saw the petitioners carrying a bag containing illicit liquor, on seeing the police personnel, after throwing the said bag, they escaped from the scene. It is further

Patna High Court CR. MISC. No.18668 of 2019(2) dt.28-03-2019 2/3 alleged that from the open area in front of the house of petitioner no.2, Raj Kumar Mahto @ Chhatoo Mahto, 1 litre 815 ml of Indian Made Foreign Liquor were recovered. It is submitted by learned counsel for the petitioners that the recovery has been made from the open area and therefore, the same can not be treated as recovery from the conscious physical possession of the petitioners. A statement has been made in paragraph no.3 of the petition that petitioner no.1 is involved in two other cases in which, he is on bail and petitioner no.2 is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners escaped from the place of occurrence after throwing the bag, on seeing the police party.

Considering the fact that the prosecution does not suggest recovery from the conscious physical possession of the petitioners, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-IInd-cum-Special Judge Excise, Gopalganj in connection with Hathua P.S. Case No.01

Patna High Court CR. MISC. No.18668 of 2019(2) dt.28-03-2019 3/3 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T