Patna High CourtCR. MISC./39661/2024bail granted

Ankush Kumar @ Ankush Mahto v. The State Of Bihar

2024-06-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39661 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ankush Kumar @ Ankush Mahto Son of Umesh Mahto R/O Vill.- Sakhmohan, P.S.- Bibhutipur, Dist.- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bibhutipur P.S. Case no.28 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on receiving information, a raid was conducted. Seeing the police personnel, the accused managed to escape and was identified by the Chowkidar as being the petitioner herein. It is further stated that on search being conducted, 90 litres of IMFL was recovered.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He

Patna High Court CR. MISC. No.39661 of 2024(2) dt.03-06-2024 2/2 has been falsely implicated in the case because of enmity in the village. The alleged place of recovery is an open place. The petitioner is in custody since 22.3.2024 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., his not having been arrested at the spot, his being in custody since 22.3.2024 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Bibhutipur P.S. Case no.28 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge I, Samastipur. (Partha Sarthy, J) Saurabh/- U T