Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35858 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- ISUAPUR District- Saran ====================================================== 1.

Shankar Mahto, aged about 28 years, Gender-Male, Son of Sudarshan Mahto, Resident of Village-Dhama Parsa, P.S.-Isuapur, District-Saran at Chapra.

2.

Suhain Ansari @ Najruddin Ansari @ Najrudin, aged about 34 years, Gender-Male, Son of Md. Nasaruddin, Resident of Village-Amardah, P.S.- Isuapur, District-Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners, it is recovered from the vacant place. The co-accused has been granted anticipatory bail by the Coordinate Bench of this Hon'ble Court in Cr. Misc. No. 34603 of 2019. In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or

Patna High Court CR. MISC. No.35858 of 2019(3) dt.13-08-2019 2/2 surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Isuapur P.S. Case No. 31 of 2019 to the satisfaction of the learned Additional District and Sessions Judge-IX-cum-Special Judge, Excise, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T