Saheb Mahto @ Saheb Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1703 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- BAIRIYA District- West Champaran ======================================================

1. Saheb Mahto @ Saheb Chaudhary and Ors Thag Mahto R/o Village- Hat Saraiya, P.S.- Bairiya, District- West Champaran.

2. Jhagaru Mahto Shiv Mahto R/o Village- Hat Saraiya, P.S.- Bairiya, DistrictWest Champaran.

3. Lalbahadur Mahto @ Lalbabu Mahto Daroga Mahto R/o Village- Hat Saraiya, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2019 This application, for grant of anticipatory bail, arises out of Bairiya P.S. Case No. 364 of 2018, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is of recovery of six litres from petitioner no. 1, four litres from petitioner no. 2 and four litres from petitioner no. 3.

Submission of learned counsel for the petitioners is that they have no criminal antecedent and have falsely been implicated in this case and in fact nothing has been recovered in this case.

Patna High Court Cr.Misc. No.1703 of 2019(2) dt.24-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 364 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Vinod Kumar Sinha, J) sunilkumar/- U T