Barku Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37782 of 2020 Arising Out of PS. Case No.-181 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Barku Mahto S/o Siyaram Mahto R/o Ward No. 11, Village- Parsauni, P.S.- Bairgania, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur, Adv.
For the Opposite Party/s :
Mr. Ritu Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-09-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bairgania P.S. Case No.181 of 2019 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, although the petitioner is named in the F.I.R. but the name of this petitioner does not mention in the seizure list rather the names of Dharmendra Raut and Chhedi Mahto have been mentioned in the seizure list. Moreover, nothing has been
Patna High Court CR. MISC. No.37782 of 2020(3) dt.14-09-2021 2/2 recovered from the conscious possession of the petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender before the court below within a period of four weeks 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 learned Additional Sessions Judge-II -cum- Special Judge, Excise Act, Sitamarhi in connection with Bairgania P.S. Case No. 181 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) mcv/- U T