Vikram Mahton v. The State Of Bihar

Patna High Court Cr.Misc. No.33312 of 2016 (2) dt.20-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33312 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -BEERPUR District- BEGUSARAI ====================================================== Vikram Mahton, son of Late Bhola Mahto, Resident of Village- Jagdar, Police Station- Virpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar, Advocate. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Virpur P.S. Case No. 44 of 2016 registered under Section 290 of the Indian Penal Code and Sections 47/54 of the Excise Act. The accusation is that on receiving secret information about concealing the illicit foreign liquor by the petitioner, the police reached there and recovered two begs containing 47 bottles of foreign liquor near the Barhar tree behind the house of the petitioner.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged recovered foreign made liquor was not recovered from the house of the petitioner. It

Patna High Court Cr.Misc. No.33312 of 2016 (2) dt.20-08-2016 is further submitted that petitioner has falsely been implicated in this case mere on suspicion and he has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class-V, Begusarai, in connection with Virpur P.S. Case No. 44 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T