Patna High CourtCR. MISC./32560/2019bail granted

Arun Mahto @ Kale Nag @ Kala Nag v. The State Of Bihar

2019-05-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32560 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== ARUN MAHTO @ KALE NAG @ KALA NAG Son of Natho Mahto @ Nathuni Mahto Resident of Village- Simariya Ghat, Bind Toli, P.S.- Barauni (Chakiya), District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Barauni ( Chakiya) P.S. case no. 29 of 2019 instituted for the offence under Section 30(A) of Bihar Prohibition & Excise Act, 2016. Learned counsel for petitioner submits that there is no recovery of any illicit liquor from conscious possession of this petitioner.

In the written report it is alleged that police intercepted one motorcycle and person sitting on the motorcycle managed to run away. The nearby people disclosed the name of this petitioner and another accused, namely Bhajju Nisad who fled away after leaving the motorcycle. It is further alleged that

Patna High Court CR. MISC. No.32560 of 2019(2) dt.16-05-2019 2/2 total 102 litres of country made liquor was recovered from the aforesaid motorcycle.

Seizure list is part of the FIR, which does not bear signature of this petitioner.

Petitioner is in custody since 8.4.2019 having clean antecedent.

Considering the aforesaid, let the petitioner, above named, be released 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 Additional Sessions Judge- IInd cum Special Judge (Excise Act) Begusarai in connection with Barauni ( Chakiya) P.S. case no. 29 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T