Deepak Kumar Mahto @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28317 of 2020 Arising Out of PS. Case No.-112 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== DEEPAK KUMAR MAHTO @ DEEPAK KUMAR Son of Rameshwar Mahto Resident of Village - Bhagwatpur, P.S.- Sarairanjan, District - Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Adv For the Opposite Party/s :

Mrs.Reeta Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2020 Let the defects be removed within two weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Recovery of liquor is alleged from the backside of the house of the petitioner. Petitioner has stated on oath that the said place belongs to Kailash Mahto with whom the petitioner has litigation. Petitioner has stated on oath that he has got no criminal antecedent. The prosecution report, submitted in this case without investigation of the case, would reveal that

Patna High Court CR. MISC. No.28317 of 2020(2) dt.09-12-2020 2/2 there is non-disclosure of the name of the person who reported to the authorities that the place of recovery is of the petitioner nor identity of the place of recovery including boundary of the same has been disclosed.

Considering the lack of direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No.112 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T