Patna High CourtCR. MISC./45255/2019bail granted

Mantoo Kumar @ Mantu Sah v. The State Of Bihar

2019-07-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45255 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Mantoo Kumar @ Mantu Sah Son of Indra Deo Sah, Resident of VillageSiswa Bazar, Police Station- Majhauliya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2019 Heard both sides.

The petitioner apprehends his arrest in Majhauliya P.S. Case No.163 of 2019 registered under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act. The gist of the allegation that the informant got information that the petitioner was selling liquor near auto stand in Siswa Bazar. When the informant went there to verify the information, the petitioner is said to have fled away throwing the bag containing about 6 litres of liquor.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and the name of petitioner is dragged in the case on the disclosure made by Chowkidar. There is no other witness to support the fact that the petitioner was ever selling liquor in the market. Even from

Patna High Court CR. MISC. No.45255 of 2019(2) dt.23-07-2019 2/2 perusal of the seizure list, it would appear that the seizure list was prepared in the busy market but nobody turned up to become a seizure list witness.

Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Majhauliya P.S. Case No.163 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T