Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20028 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== Raj Kumar Mahto Son of Lakshaman Mahato, Resident of Village-Puraina Sarotar Hussaini, P.S-Dumariyaghat, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on a secret information, when the informant, being a police officer, reached near the door of one Suresh Mahto, he found four persons standing with a Passion Pro motorcycle and on seeing the police personnel, they started fleeing away when one accused person was apprehended, who disclosed his name as Pramod Rai and from a bag kept on the alleged motorcycle, 30 litres of country made

Patna High Court CR. MISC. No.20028 of 2019(2) dt.12-04-2019 2/3 illicit liquor and from beside the house of Suresh Mahto, 44.7 litres of country made illicit liquor were recovered. The apprehended co-accused person disclosed the name of the petitioner as the person who escaped from the scene. It is submitted by learned counsel for the petitioner that admittedly, recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the statement of apprehended co-accused person. Considering the fact that the prosecution case does not suggest that recovery has been made from the conscious physical possession of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari in connection

Patna High Court CR. MISC. No.20028 of 2019(2) dt.12-04-2019 3/3 with Dumariyaghat P.S. Case No. 18 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T