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Patna High CourtCR. MISC./36456/2019allowed

Mantu Mahto v. The State Of Bihar

2019-08-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36456 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Mantu Mahto, Male, aged about 38 years, son of Late Singhasan Mahto, Resident of Mohalla - Haziapur, Ward No. 9, P.S.- Gopalganj Town, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner has further submitted that the alleged recovery has been made from the joint house of the petitioner.

There is no recovery from the conscious possession of the petitioner.

In the aforesaid facts and circumstances of the case,

Patna High Court CR. MISC. No.36456 of 2019(3) dt.14-08-2019 2/2 let the petitioner, above named, in the event of his arrest or 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) with two sureties of the like amount each in connection with Excise Case No. 117 of 2019 to the satisfaction of the learned Additional Sessions Judge 2nd cum Special Judge, Excise Act, Gopalganj, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T