Gobind Kumar Mahto @ Gobind Mahto @ Govind Kumar Mahto @ Govind Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51726 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== GOBIND KUMAR MAHTO @ GOBIND MAHTO @ GOVIND KUMAR MAHTO @ GOVIND MAHTO, aged about 28 years, Male, Son of Sri Suraj Mahto, Resident of Mohalla - Anhariabag Belwaganj, P.S. - Laheriasarai, District - Darbhanga ... Petitioner

Versus

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

For the Petitioner :

M/s Manish Kumar No. 13 & Rohit Kumar, Advs.

For the Opposite Party :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Laheriasarai P.S. Case No. 154 of 2019 (G.O. Case No. 403 of 2019) for the offences alleged under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty, the informant, along with the police officials, reached at the western part of Mirza Khan pond of Andheriyabad Mohalla, then, he saw one Apache motorcycle, without number plate, and, the person riding on the motorcycle tried to conceal himself there, was caught hold by the police and he disclosed his name Dharmendra Kumar Thakur, resident of Mohalla Andheriyabad, P.S. Belwaganj, Laheriasarai, Darbhanga. On search, two cartons, contained 42 bottles of Indian made foreign liquor recovered and caught hold person disclosed the name of Chotu Kumar and the petitioner (Gobind Kumar Mahto) saying that

Patna High Court CR. MISC. No.51726 of 2019(2) dt.20-08-2019 2/2 they are also involved in the trade of illicit liquor. The submission of the learned counsel for the petitioner is that the petitioner was not apprehended at the spot and his name has surfaced in the confessional statement of the co-accused. The petitioner has no criminal antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Laheriasarai P.S. Case No. 154 of 2019 (G.O. Case No. 403 of 2019) shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise Act, Darbhanga, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T