Ram Kumar @ Ram Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49978 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

RAM KUMAR @ RAM KUMAR MAHTO SON OF SIYA MAHTO RESIDENT OF VILLAGE- RUAPAULI P.S -LAKHANAUR DISTRICT -MADHUBANI 2.

PRAMOD KUMAR MAHTO SON OF RAM RADHIN MAHTO RESIDENT OF VILLAGE- RUAPAULI P.S -LAKHANAUR DISTRICT -MADHUBANI 3.

LALLU MAHTO @ SHAILENDRA MAHTO SON OF RANJENDRA MAHTO RESIDENT OF VILLAGE- RUAPAULI P.S -LAKHANAUR DISTRICT -MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for these petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 272, 273/34 of the Indian Pebnal Code 30 (a) of Bihar Prohibition and Excise Act, 2018.

3. 301.260 liters of country made liquor has been recovered from Bolero Car.

4. It is submitted that the petitioners are neither owner nor driver of the vehicle in question. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.49978 of 2023(2) dt.11-08-2023 2/2 these petitioners and they are no way connected with the aforesaid recovery. Petitioner Nos. 1 and 2 claims clean antecedent.

5. Learned counsel for the State opposes the bail petition and submits that petitioner No . 3 has got 3 criminal antecedent.

6. Considering the criminal antecedent of petitioner No . 3 , the bail petition of the petitioner No . 3 is rejected.

7. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner Nos. 1 and 2, above named, 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 learned Special Excise Judge, Excise Act, Jhanjharpur in connection with G.R. No. 349/2023 arising out of Lakhnaur Police Station Case No . 101 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T