Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53812 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.

RAJ KUMAR MAHTO SON OF SUBEDAR MAHTO R/O VILLAGEJAN TOLA, P.S.- RIVILGANJ AND THE DIST.- SARAN 2.

DHANU MAHTO SON OF SUBEDAR MAHTO R/O VILLAGE- JAN TOLA, P.S.- RIVILGANJ AND THE DIST.- SARAN 3.

HEERA LAL MAHTO SON OF GAURI SHANKER MAHTO R/O VILLAGE- JAN TOLA, P.S.- RIVILGANJ AND THE DIST.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Rivilganj P.S. Case No.271 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 50 litres of illicit liquor has been recovered from the place of occurrence. It is further submitted that the petitioners are said to have fled away from the place of occurrence after seeing the police. The petitioners have got no criminal antecedent as stated

Patna High Court CR. MISC. No.53812 of 2021(3) dt.25-03-2022 2/3 in para 3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Petitioners are ready to deposit a sum of Rs.10,000/- (rupees ten thousand) each in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Considering the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Saran in connection with Rivilganj P.S. Case No.271 of 2021, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioners having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners.

Patna High Court CR. MISC. No.53812 of 2021(3) dt.25-03-2022 3/3

(3) If the petitioners indulge in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of their bail bonds.

(4) The bail bonds of the petitioners shall be accepted by learned court below on showing receipt of deposit of Rs.10,000/- (rupees ten thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. (Anjani Kumar Sharan, J.) Sanjay/- U T