Patna High CourtCR. MISC./23048/2019bail granted

Raja Mahto @ Raj Kumar Mahto v. The State Of Bihar

2019-04-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23048 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Raja Mahto @ Raj Kumar Mahto, Son of Late Ramji Mahto, Resident of Village-Mahesha Munda, P.S-Kahalgaon, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kahalgaon P.S. Case No. 09 of 2019, instituted for the offences under Section 30(a),37(c) of the Bihar Prohibition and Excise Act, 2016 and Section 188,290 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no recovery of any liquor from conscious possession of petitioner. It is alleged in the written report that informant got information that some persons came from Jharkhand to sell illicit liquor. Thereafter, he reached at the place of occurrence and found two persons trying to run away after seeing police. Accused persons apprehended by the police disclosed that they had thrown the illicit liquor in pond. From

Patna High Court CR. MISC. No.23048 of 2019(2) dt.10-04-2019 2/2 seizure list, it appears that recovery of illicit liquor has been made from the pond.

Learned counsel for the petitioner has submitted that petitioner is in custody since 04.01.2019 having clean antecedent.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned 2nd Addl. Sessions Judge II-cum-Special Judge, Excise Act, Bhagalpur, in connection with Kahalgaon P.S. Case No. 09 of 2019. Both the bailors will be close relative of petitioner.

(Sanjay Priya, J) khushbu/- U T