Patna High CourtCR. MISC./17777/2019bail granted

Shankar Mahto v. The State Of Bihar

2019-03-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17777 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Shankar Mahto, son of Late Baidyanath Mahto, Resident of Village - Kashipur, Town, P.S.- and Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Rajeev Nayan (APP-231) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 45 of 2019 instituted for the offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

69.8 litres of liquor is said to have been recovered from the balcony of the first floor of the house. The learned counsel for the petitioner has pointed out that the house in question is of three floors and a nursing home is being run on the ground floor. There is a common staircase and the balcony is accessible from all sides of the staircase.

Apart from this, it has been submitted that since

Patna High Court CR. MISC. No.17777 of 2019(2) dt.28-03-2019 2/2 the family of the petitioner stays in the first floor of the house, the wife of the petitioner who was present in the house was arrested in connection with the subject F.I.R. The petitioner happens to be the military personnel, who was not present at the time of search, seizure and raid. Considering the aforestated facts and the clean antecedents of the petitioner as also taking into account that his wife is in custody for the same offence, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Excise Case No. 45 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T