Sonu Kumar Mahto @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27495 of 2018 Arising Out of PS. Case No.-951 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Sonu Kumar Mahto @ Sonu Kumar, Son of Vishwanath Mahto, Resident of Mohalla-Kedar Nath Road, Bharat Matha Asthan, P.S. Town, DistirctMuzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Nachiketa Jha, Adv.

For the Opposite Party :

Smt. Sucheta Yadav, APP 140 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Town (Muzaffarpur) P.S. Case No. 951 of 2017 instituted for the offences under Sections 147, 148, 149, 341, 323,337, 353, 120B, 272, 273 and 427 of the Indian Penal Code and 30(a), 38(2), 41, 47 and 37(c) of the Bihar Prohibition and Excise Act, 2016.

In the written report it is alleged that police apprehended two persons, namely, Raju Mahto and Mukesh Kumar, and they disclosed the name of this petitioner before the police as mentioned in the written report. The seizure list is part of the written report which does not bear the signature of this petitioner. It is mentioned in paragraph 3 of the petition that the petitioner has clean antecedent.

Patna High Court Cr.Misc. No.27495 of 2018(3) dt.23-05-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Town (Muzaffarpur) P.S. Case No. 951 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge III-cum-Special Judge, Excise, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) Shamshad/- U T