Raj Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33084 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== Raj Kumar Mahto Son of Late Lauhar Mahto, Resident of Village- Janjhawa, P.S.- Manjhagarh, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Pandey For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2019 Heard both sides.
The petitioner apprehends his arrest in Manjhagarh P.S. Case No.379 of 2018 registered under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act. The police intercepted two vehicles and recovered huge quantity of liquor. Raj Kumar Yadav and Swami Nath Sah @ Motu were apprehended. The apprehended accused Swami Nath Sah @ Motu is said to have disclosed the name of the petitioner.
Learned counsel for the petitioner submits that the petitioner has got no manner of concern with the seized vehicles and the recovered liquor. Save and except the disclosure made by Swami Nath Sah, there is no material to show the involvement of the petitioner.
Patna High Court CR. MISC. No.33084 of 2019(2) dt.20-05-2019 2/2 Having considered the facts that the petitioner is neither the owner of the vehicles nor any tangible material is connected to show the involvement of the petitioner and the name of petitioner figured in the so-called disclosure made by one of the co-accused, 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 learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Manjhagarh P.S. Case No.379 of 2018, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T