Santosh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55577 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -RIVILGANJ District- SARAN ====================================================== Santosh Mahto, son of Nageshwar Mahto, Resident of Village- Newaji Tola Bintoli, P.S. Rivilganj, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2017 Heard both sides.
The petitioner apprehends his arrest in Rivilganj P.S. Case No. 96/2016 registered under Sections 272/273 of the Indian Penal Code and Section 47 of the Bihar Excise (Amendment) Act, 2016.
Learned counsel for the petitioner submits that 105 litres of country made liquor was recovered from a field and two persons were apprehended who disclosed the names of the petitioner and others. Three persons, from whose house country made liquor was recovered, have already been granted anticipatory bail vide order passed in Cr. Misc. no. 54249/2016. The case of the petitioner stands on similar footing. The search and seizure was not made in accordance with law. The seizure list was not handed over to any family member of the petitioner and, therefore,
Patna High Court Cr.Misc. No.55577 of 2016 (2) dt.11-01-2017 2/2 the search and seizure is suspicious.
Considering the facts aforesaid and the fact that similarly situated accused persons have already been enlarged on anticipatory bail vide order passed by a Co-ordinate Bench of this Court, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VIII, Saran, Chapra in Rivilganj P.S. Case No. 96/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T