Shashikant Mahto @ Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9479 of 2018 Arising Out of PS. Case No.-1417 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Shashikant Mahto @ Shashi Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh For the Opposite Party/s :

Mr. SURENDRA PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sasaram Town(M) P.S. Case No. 1417 of 2017 registered for the offence punishable under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 241.92 litres of illicit liquor from the field of the co-accused. The learned counsel for the petitioner submits that the petitioner is a Railway employee and at the time of the alleged recovery of illicit liquor, he was posted at Latehar. It is submitted that neither any recovery has been effected from the person of the petitioner nor from his house or his field. Considering the nature of accusation and the fact that

Patna High Court Cr.Misc. No.9479 of 2018(2) dt.27-02-2018 2/2 prima facie no case is made out against the petitioner herein under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasarm in connection with Sasaram Town (M) P.S. Case No. 1417 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T