Mahesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21765 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Mahesh Kumar Mahto, son of late Bishwanath Mahto, Resident of Mohalla Pandasarai, P.S. Laherisarai, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

01-07-2017 Heard learned counsel for the petitioner and Sri Shyam Kumar Singh, learned Addl. Public Prosecutor. The petitioner, apprehending his arrest in Kalyanpur P.S. Case No. 38 of 2017 registered for offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30/38 of the Bihar Excise (Amendment) Act, 2016, has prayed for grant of bail in the event of arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner was registered owner of a motorcycle, from which, 750 ml. Indian make foreign liquor was recovered. It was further submitted that while recovery was effected, petitioner was not on motorcycle.

Considering the nature of accusation, in the event of

Patna High Court Cr.Misc. No.21765 of 2017 (2) dt.01-07-2017 2/2 arrest or surrender within a period of six weeks from today, let the petitioner namely Mahesh Kumar Mahto 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 2nd Addl. Sessions Judge, Samastipur in connection with Kalyanpur P.S. Case No. 38 of 2017 (G.R. No. 763 of 2017) subject to condition as laid down under Section 438 (2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T