Ram Dayal Mahto @ Ramdayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18526 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Ram Dayal Mahto @ Ramdayal Singh, Son of Tunnilal Mahto, Resident of Village- Laguniya Raghukanth, Police Station- Muffasil, DistrictSamastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioner apprehends his arrest in Ujiarpur P.S. Case No. 11/2017, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and section 30(a), 47 of the Bihar Prohibition & Excise Act, 2016.

The informant alleged that one pick-up van was intercepted and Raju Das was apprehended. From the pick-up van Indian made foreign liquor of different brands was recovered. Raju Das is said to have disclosed that he along with other accused persons purchased the liquor from the shop of Ram Dayal Mahto (petitioner).

Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.18526 of 2017 (4) dt.10-07-2017 2/2 is nothing on record to show that petitioner was dealing in foreign liquor. Nothing has been recovered from the possession of the petitioner.

Considering the facts aforesaid and the fact that name of the petitioner figured in the case on the basis of statement of driver of the pick-up van and save and except the statement of driver the Investigating Officer did not collect any material to show the involvement of the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiarpur P.S. Case No. 11/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T