Surendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33328 of 2019 Arising Out of PS. Case No.-303 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Surendra Mahto, aged about 30 years (Male), Son of Late Dharikchan Mahto, Resident of - Uttari Sanghat, P.S.- Phulwarisharif, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2019 Heard learned counsel for the petition and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 3364 of 2019 arising out of Phulwari P.S. Case No. 303 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner has submitted that there is no recovery from the conscious possession of the petitioner. The wine has been recovered from the back of the house of the petitioner. The petitioner has no any criminal antecedent.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest

Patna High Court CR. MISC. No.33328 of 2019(2) dt.22-08-2019 2/2 or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No.3364 of 2019 arising out of Phulwari Sharif P.S. Case No. 303 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T