Pappu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21554 of 2020 Arising Out of PS. Case No.-62 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== PAPPU MAHTO Son of Nathuni Mahto Resident of Village - Chatneshwar Ward no. - 01, P.S. - Warisnagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-08-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Excise Case No. 62 of 2020 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case total 36 liters of country made liquor was seized from a house occupied jointly by the petitioner and others.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and the recovery is not made from the conscious and exclusive possession of the petitioner.

Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.21554 of 2020(2) dt.07-08-2020 2/2 antecedent and the recovery is not made from the conscious and exclusive possession of the petitioner, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner have to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge (Excise Act), Samastipur in connection with Excise Case No. 62 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) spandey/- U T