Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23228 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== Suresh Mahto, aged 23 years (M), Son of Satan Mahto Resident of Village - Puraina, P.s.- Dumariyaghat, Distt.- 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.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Dumariyaghat P.S. Case No. 207 of 2018 registered for offences under sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation, the police has recovered 4.6 liters of country made liquor from the joint garden of Laxman Mahto and Satan Mahto.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent as has been stated in paragraph no.3 of the present bail petition.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No.23228 of 2019(2) dt.11-04-2019 2/2 surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge cum Special Judge, Excise, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 207 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 10.4.2019, then he would not be released.

(Shivaji Pandey, J) rishi/- U T