Nandlal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10614 of 2018 Arising Out of PS.Case No. -328 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nandlal Mahto, S/o Hari Mahto, Resident of Village- Siswa Noyiya Tola, P.S. Paharpur, District East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No. 2, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== 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 Paharpur P.S. Case No.328 of 2017 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 33, 34, 36, 37(a) of the Biahr Prohibition Act.

The allegation is regarding recovery of 1.5 litres of illicit liquor from a person, who was in an intoxicated condition. The further allegation is regarding recovery of 10 kg of Gur from the house of the petitioner.

The learned counsel for the petitioner submits that a bare reading of the F.I.R. does not make out any case as against

Patna High Court Cr.Misc. No.10614 of 2018 (2) dt.27-02-2018 2/2 the petitioner herein. It is further submitted that the petitioner is having clean antecedent.

Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the even 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 7th Additional Sessions Judge, East Champaran at Motihari in connection with Paharpur P.S. Case No.328 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) N.H./- U T