Raju Mahto @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51181 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- CHACKMENSI District- Samastipur ====================================================== RAJU MAHTO @ RAJU KUMAR Son of Late Ram Chandra Mahto Resident of Village- Somnaha Baratol, Police Station- Chakmehsi, DistrictSamastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Chakmehsi P.S. Case No. 89 of 2019, instituted for the offence under Section(s) 272 and 273/34 of Indian Penal Code, Sections 30(a) and 47 of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that during patrolling duty informant got information from the Officer-inCharge that in village Somnaha foreign liquor is unloaded. The informant along with Police personnel reached the place of occurrence. On seeing the Police party, four persons started running away. They were apprehended by the Police on chase. They disclosed their names as Sarabder Paswan, Majan Paswan,

Patna High Court CR. MISC. No.51181 of 2019(2) dt.21-08-2019 2/2 Ajay Mahto and Sunil Mahto. On search, 5095.44 litres of foreign liquor has been recovered from a truck. The name of petitioner has been disclosed by the persons who were apprehended by the Police.

Counsel for the petitioner submits that there is no recovery of any incriminating article from possession of the petition.

Petitioner is in custody since 19.7.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner 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 2nd Additional Sessions Judge cum Special Judge, Excise, Samastipur, in connection with Chakmehsi P.S. Case No. 89 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T