Patna High CourtCR. MISC./22513/2020allowed

Rajdev Mahto v. The State Of Bihar

2020-08-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22513 of 2020 Arising Out of PS. Case No.79 Year-2020 Thana- Ghorasahan (Jitna) District-East Champaran ====================================================== Rajdev Mahto, aged about 30 years Gender Male Son of Rudal Mahto, Resident of Village- Baluwa Dhnukhi, P.S.- Ghorasahan (Jitna), District East Champaran ... ... Petitioner

Versus

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

For the Petitioner : Mr. Abhishek Kumar, Advocate For the Opposite Party : Mr. Md. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 26-08-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Ghorasahan (Jitna) P.S. Case No. 79 of 2020 for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 306 litres of Nepali liquor was seized. Learned counsel submits that nothing was recovered from conscious possession of the petitioner and he has been falsely implicated in this case. Petitioner is in custody since 03.03.2020.

Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs. 25,000/- in cash. On depositing the amount of Rs.25,000/-, the

petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, East Champaran, Motihari in connection with Ghorasahan (Jitna) P.S. Case No. 79 of 2020.

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