Gopi Mahton @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36916 of 2019 Arising Out of PS. Case No.-553 Year-2017 Thana- FATUA District- Patna ====================================================== GOPI MAHTON @ MUKESH KUMAR, Son of Anand Mohan, Resident of Village - Top Sarthua, P.S.- Sajehan Pur, Dist.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tilak Sao, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special Case No.9051 of 2017 arising out of Fatuha P.S. Case No.553 of 2017 instituted for the offence under Section(s) 120-B Indian Penal Code and 30(A), 38 of Bihar Prohibition and Excise Act, 2016. Counsel for the petitioner submits that petitioner has been made accused merely on suspicion. Petitioner has no concern with the aforesaid seized liquor. The seizure list does not bear signature of the petitioner or any of his family members.

It is alleged in the written report that police got information that this petitioner had kept illicit liquor in his house in connivance with accused, Dheeraj Yadav, and Vickey

Patna High Court CR. MISC. No.36916 of 2019(2) dt.19-06-2019 2/2 Kumar for sale and purchase of illicit liquor. Petitioner is in custody since 25.04.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, connection with Special Case No.9051 of 2017 arising out of Fatuha P.S. Case No.553 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T