Dhuka Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21847 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== DHUKA MAHTO Son of Late Satahu Mahto R/o Village- Bhatauliya Ward No. -5, P.S.- Bairganiya, District- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tondon, Advocate For the State :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-07-2020 Heard Mr. Dilip Kumar Tondon, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the Stamp Reporter within eight weeks.

Petitioner seeks regular bail in connection with Bairgania P.S. Case No. 47 of 2020 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that the Police raided the house

Patna High Court CR. MISC. No.21847 of 2020(2) dt.08-07-2020 2/3 of the petitioner and on seeing the police party the petitioner tried to flee away, but after chase, he was apprehended and arrested by the Police. On search, a total quantity of 45.600 of illicit liquor has been recovered from the bags. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedent. Learned counsel further submits that the petitioner is in custody since 2.3.2020.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 2.3.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge cum Special Judge, Excise, Sitamarhi, in connection with Bairgania P.S. Case No. 47 of 2020.

Patna High Court CR. MISC. No.21847 of 2020(2) dt.08-07-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T