Shiv Prasad Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32585 of 2023 Arising Out of PS. Case No.-626 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Shiv Prasad Mahto, Son Of Rajendra Mahto Resident Of Village - Jorpura, P.S. - Tajpur (Halai O.P.), Distt. - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023 The learned counsel for the petitioner is permitted to remove the defects as pointed out by the office during the course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 06 litres of liquor from the house of Manju Devi. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is next submitted

Patna High Court CR. MISC. No.32585 of 2023(2) dt.13-07-2023 2/2 that even the alleged recovery is from a house, which is a joint family property and the petitioner came to be implicated based on suspicion as it was alleged in the F.I.R. that the house is in the name of wife Manju Devi.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court-2, Samastipur in connection with Tajpur P. S. Case No.626 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T