Raj Kumar Mahto @ Ram Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22907 of 2019 Arising Out of PS. Case No.-358 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Raj Kumar Mahto @ Ram Kumar Mahato, Son of Kishori Mahto, Resident of Village-Madhesara, P.S-Sonbarsa, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate.

For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Riga P.S. Case No. 358 of 2018 registered under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(A) of the Bihar Excise Act.

The accusation is that on receiving secret information to the effect that huge quantity of illegal liquor loaded on the truck is being carried at the house of Ram Bharose Thakur and Rajiv Mahto and the said liquors are being carried in the mediation of wholesaler Sanjay Mahto. Thereafter, informant and others proceeded towards village Ramnagar. After sometime, a truck came near the house of Ram Bhoarose

Patna High Court CR. MISC. No.22907 of 2019(2) dt.11-04-2019 2/3 Thakur and from the cabin of truck, four persons came out and out of which, one person called Ram Bharose Thakur. Thereafter, driver and Khalasi opened the Tirpal and rope from the truck and unloaded the truck. In the meantime, informant and others raided then all four persons succeeded to flee away. On search, 1584 litres Indian made foreign liquor, kept in different bottles, were recovered.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the truck was standing near the house of Ram Bharose Thakur not near the house of the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 29.01.2019. It is further submitted that co-accused, Ram Bharosh Thakur, has already been granted privilege of bail by another Bench this Court vide order dated 26.03.2019 passed in Criminal Misc. No. 17834 of 2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Riga P.S. Case

Patna High Court CR. MISC. No.22907 of 2019(2) dt.11-04-2019 3/3 No. 358 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T