Ranjit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54057 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

Ranjit Mahto S/O Paras Mahto R/O Village-Purani Bazar, Noniyadih, P.SMaharajganj, District-Siwan. 2.

Santosh Mahto @ Santosh Kumar Mahto S/O Bhuali Mahto R/O VillagePurani Bazar, Noniyadih, P.S-Maharajganj, District-Siwan. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-02-2022 Heard both the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Maharajganj P.S. Case No.187 of 2021 instituted for the offences under Sections 272, 273 of the Indian Penal Code & Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Considering that the liquor which was recovered from the house of the petitioners is a joint family house. There is no absolute ownership of the petitioners. Exfacie case under section 30 (a) of the Bihar Prohibition and Excise Act, 2016 would not be made out against the petitioners, I am inclined to grant benefit of anticipatory bail to the petitioners and in the

Patna High Court CR. MISC. No.54057 of 2021(2) dt.18-02-2022 2/2 event of arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sanjeev Prakash Sharma, J) amit/- U T