Jaylal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32995 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- Government Official Comp. District- Gaya ====================================================== Jaylal Mahto S/o Badhan Mahto, R/o Badgaon, P.O.- Suryapur, P.S.- Padma, District- Hazaribagh.

... ... Petitioner

Versus

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

For the Petitioner/s :

Miss Kriti Singh Mr. Indrajesh Kumar For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-06-2018 Heard Miss Kriti Singh, learned counsel assisted by Sri Indrajesh Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Excise Case No. 97 of 2018 registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. It has been argued that petitioner is the owner of Tata Zest vehicle, bearing registration no. JH01A2(T)/5629. It has been argued that on false accusation of recovery of one bottle measuring 750

Patna High Court Cr.Misc. No.32995 of 2018(2) dt.13-06-2018 2/2 ml. of foreign liquor was shown and petitioner was arrayed as accused. In the prosecution report, it was indicated, as if, petitioner taking advantage of darkness had fled away. It has been argued that forcibly vehicle was stopped and on false accusation of recovery of one bottle of foreign liquor from the dikky of the vehicle, the petitioner was made accused. Be that as it may, considering the small quantity of recovery and clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Jaylal Mahto be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya in connection with Excise Case No. 97 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T