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Patna High CourtCR. MISC./76119/2018bail granted

Subodh Mahato v. The State Of Bihar

2018-12-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76119 of 2018 Arising Out of PS. Case No.-388 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Subodh Mahato S/o Jagdish Mahato Resident of Village- Dhangi, P.S. 204 Rowam Dhanbad, District- Dhanbad, State- Jharkhand(Owner of Vehicle Tata Sumo Bearing Reg. No. JH 10AH 6646).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 388 of 2016 registered for the offences punishable under Sections 272, 273, 120-B of the Indian Penal Code and Sections 47(a), 48(2), 63 of Bihar Prohibition and Excise Act, 2016.

In huge quantity illicit liquor were recovered from a vehicle and the driver as well as wife of the aforesaid driver were apprehended at the spot. Petitioner happens to be owner of the said vehicle and accordingly, he has also been made accused in the present case.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.76119 of 2018(2) dt.21-12-2018 2/2 well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in Barachatti P.S. Case No. 388 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T