Sailendra Mahto @ Shailendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35310 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== SAILENDRA MAHTO @ SHAILENDRA KUMAR Son of Matoo Mahto @ Mithu Mahato Resident of Village-Gorai, P.S.-Chakmehsi, DistrictSamastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.
Petitione is apprehending his arrest in connection with Kalyanpur P.S.Case No.60 of 2019 , registered for offences punishable under Sections 47, 30(A), 41(2)(1) of Bihr Prohibition and Excise Act.
Police on information that two co-accused Dilip Rai and Sunil Rai have stored liquor in their field , reached the place of the occurrence and found some accused persons fleeing from the place of the occurrence and the Choukidar has named all the accused persons including the petitioner. Further prosecution case is that from his field, 234 ltrs. of liquor has been recovered.
Patna High Court CR. MISC. No.35310 of 2019(3) dt.17-08-2019 2/2 Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his possession as well as he has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge cum Special Judge Excise, Samastipur in connection with Kalyanpur P.S.Case No.60 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T