Neeraj Mahto @ Neeraj Kumar @ Niraj Kumar @ Niraj Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.47732 of 2016 (3) dt.28-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47732 of 2016 Arising Out of PS.Case No. -252 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Neeraj Mahto @ Neeraj Kumar @ Niraj Kumar @ Niraj Mahto Son of Sri Ram Dinesh Mahto resident of village - Barha, P.S. Rosera, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Tajpur Police Station Case No. 252 of 2016, disclosing offences under Sections 272 and 273 of the Indian Penal Code and 47(A) of the Excise Act & 54, 57 of the Bihar Excise (Amendment) Act. According to the prosecution case, three vehicles bearing registration Nos. BR-1P-7962, BR-33GA-0523 and BR-06K8194 loaded with foreign liquor have been seized by the police. Learned Counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Merely on the confession of one Manoj Kumar Das, the name of the petitioner has been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Moreover, co-accused,

Patna High Court Cr.Misc. No.47732 of 2016 (3) dt.28-01-2017 Kamdeo Kumar Daha, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 46619 of 2016 and the petitioner has also got clean antecedent. Hence, he deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case and the nature of allegation, let the petitioner, in the event of his arrest or surrender before the Court below within six weeks, 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 Additional Chief Judicial Magistrate, Samastipur, in connection with Tajpur Police Station Case No. 252 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T