Arun Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17876 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Arun Kumar Mahto, aged about 40 years, Male, Son of Late Ram Bilash Mahto, Resident of Village - Ranjitpur, P.S.- Khanpur, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 325 of 2018, dated 04.11.2018, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.' It appears that huge quantity, viz., 3662.64 litres of liquor is said to have been recovered from the premises of Maa Bhagwati Industries.
The learned counsel for the petitioner has submitted that the petitioner is neither the owner of the aforesaid industrial complex nor is employed there. The son of the owner of the aforesaid industrial complex was
Patna High Court CR. MISC. No.17876 of 2019(2) dt.29-03-2019 2/2 arrested, who has named the petitioner and hence the implication of the petitioner in the present case. Thus, it has urged, there is no recovery from the possession/constructive possession of the petitioner.
Considering the facts aforestated and the clean antecedents of the petitioner, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge-Cum-Special Judge, Excise Act, Samastipur, in connection with Excise Case No. 325 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T