Pawan Mahto @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21982 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- PATORI District- Samastipur ====================================================== Pawan Mahto @ Pawan Kumar Son of Dani Mahto, Resident of Village - Dharmpur Nayar, P.O. - Keshonarainpur, P.S. - Shahpur Patori, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through Video Conferencing.

In this case, the petitioner is seeking anticipatory bail in connection with Shahpur Patori P.S. Case No. 25 of 2020 registered for offence punishable under sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition Excise Act, 2016.

The police has recovered 720 ml of foreign liquor. The counsel for the petitioner submits that the petitioner has criminal antecedent and the recovery has been made of less than one litre of liquor.

Looking to the quantity of liquor and the petitioner

Patna High Court CR. MISC. No.21982 of 2020(2) dt.17-08-2020 2/2 having no criminal antecedent, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur in connection with Shahpur Patori P.S. Case No. 25 of 2020, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond. This order has been passed in presence of Sucheta Yadav, learned counsel for the State.

(Shivaji Pandey, J) Mahesh/- U T