Jagdeo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73672 of 2018 Arising Out of PS. Case No.-798 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Jagdeo Mahto S/o Bisheshwar Mahto, Resident of Village- Punaura, Purwi Ward No. 7, Police Station- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-01-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Sitamarhi P.S.Case No.798 of 2018 registered under Sections 272, 273 of the Indian Penal Code and section 30(A) of the Bihar Prohibition and Excise Act.

The accusation is that in course of patroling when the informant along with the other police reached near the house of the petitioner, on seeing them he fled away from his house and on search of his house three litres country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner has not been arrested from the place of occurrence. In fact, the

Patna High Court Cr.Misc. No.73672 of 2018(3) dt.30-01-2019 2/2 house which is said to be reported by the informant is shown in the joint venture of his family members from there liquor is said to have been recovered. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J.-II-cum- Special Judge, Excise Act, Sitamarhi, in Sitamarhi P.S.Case No.798/18 Subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further condition is that one surety must be of his own relative.

(Rajendra Kumar Mishra, J) aks/- U