Jitendra Kumar @ Jitendra Mahto @ Madna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5045 of 2018 Arising Out of PS. Case No.-98 Year-2017 Thana- NAWAKOTHI District- Begusarai ====================================================== Jitendra Kumar @ Jitendra Mahto @ Madna Mahto S/o Mantun Mahto, R/o Village- Gamhariya, P.S.- Naokothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. NAND KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 353, 120B, 177, 182 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 1.500 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to local politics. It is alleged that 1.500 liters wine is recovered by the side of the house of Brajesh Kumar. Nothing incriminating has been recovered from the conscious possession of the

Patna High Court Cr.Misc. No.5045 of 2018(3) dt.07-02-2018 2/2 petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VIIthcum-Special Judge, Excise, Begusarai in connection with Naokothi P.S. case No.98 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T