Dapo Mahto @ Devendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48705 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- NARHATT District- Nawada ====================================================== 1.
Dapo Mahto @ Devendra Prasad, Son of Surendra Prasad, Resident of Village - Ankari, P.S.- Narhat, District - Nawada. 2.
Ranjay Prasad, Son of Laldeo Prasad, Resident of Village - Ankari, P.S.- Narhat, District - Nawada.
3.
Vijay Chaudhary, Son Vishwanath Chaudhary, Resident of Village - Ankari, P.S.- Narhat, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj,Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This is an application for grant of anticipatory bail in connection with Narhat P.S. Case No. 264 of 2018, disclosing offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution story is that police received a secret information that some accused persons including the petitioners are engaged in liquor trade, on that, police party raided the place occurrence, but the accused persons succeeded in fleeing away from the spot. Further, there is recovery of 4.5 liters of country made liquor from the orchard and several articles of manufacturing the liquor. The the villagers have disclosed the names of the petitioners and other accused persons that they are
Patna High Court CR. MISC. No.48705 of 2019(2) dt.05-08-2019 2/2 engaged in selling the illicit liquor.
Submission of the learned counsel for the petitioners is that nothing has been recovered from their house or from their conscious possession and they have falsely been implicated in this case.
Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that petitioners are also named in the F.I.R. as such, they do not deserve for anticipatory bail.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.D.J.-II-cum-Special Court, Nawada, in connection with Narhat P.S. Case No. 264 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T