Ranjit Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12494 of 2018 Arising Out of PS.Case No. -229 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ======================================================
1. Ranjit Mahto, S/o Thaga Mahto, Resident of Village+ Post- Ramnagar, P.S.- Gaighat, District- Muzaffarpur.
2. Gonaur Mahto, S/o Bakshish Mahto, Resident of Village+ Post- Umsar, P.S.- Bochha, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Gaighat PS case no. 229 of 2017 registered for the offences punishable under Sections 272, 273, 504, 506 of Indian Penal Code and 30(a), 37(c) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 7.5 ml of illicit liquor from the hut of one Madhurendra Singh. The learned counsel for the petitioners submits that neither any recovery has been made from the conscious possession of the petitioners nor the said hut belongs to the petitioners. It is further submitted that the petitioners have clean antecedents.
Patna High Court Cr.Misc. No.12494 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their 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, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge (Excise Act), Muzaffarpur in connection with Gaighat PS case no. 229 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T