Raju Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25872 of 2020 Arising Out of PS. Case No.-479 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== RAJU MAHATO S/o Ram Ekwal Mahato, Resident of Village-Mahamadpur Balmi Tole Purani Bazar, P.S.-Motipur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Motipur P.S. Case No.479 of 2019 registered under Sections 272, 273 of the IPC and under Sections 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act. The informant alleged that he got information that Raju Mahato had kept a huge quantity of spirit in the house of Arun Ram and on such information, the police raided the house of Arun Ram but Raju Mahato and Arun Ram managed to flee away. 250 litres of spirit was recovered from the hut of Arun Ram.

Learned counsel for the petitioner submits that the petitioner is alleged to have kept spirit in the house of Arun Ram but the petitioner was not apprehended on the spot. The petitioner was arrested merely on suspicion. The petitioner is in

Patna High Court CR. MISC. No.25872 of 2020(2) dt.13-10-2020 2/2 jail since 29.02.2020. The petitioner has already remained in jail for more than seven months and the petitioner has got no criminal antecedent. It is further submitted that the co-accused Arun Ram has already been granted bail by order dated 29.05.2020 passed in Cr.Misc.No.12990 of 2020. The case of the petitioner stands on better footing.

Having considered the facts that the petitioner has got no criminal antecedent and he has already remained in jail for more than seven months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S. Case No.479 of 2019.

(Prabhat Kumar Jha, J) Harish/- U T