Surendra Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58886 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- SONBERSA District- Sitamarhi ======================================================

1. Surendra Mahto son of late Achchhelal Mahto, resident of village Bhutahi

2. Binod Mahto son of Parikshan Mahto, resident of village Araji Mohanpur, Both P.S. Sonbarsa, District Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the I.P.C. and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 263.820 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the disclosure of co-accused Md. Ekramul Hussain. Except for this, there is no other substantive evidence to suggest the implication

Patna High Court Cr.Misc. No.58886 of 2018(2) dt.19-09-2018 2/2 of the petitioners in this case. It is alleged that 263.820 liters wine is recovered from co-accused Md. Ekramul Hussain. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cumSpecial Judge (Excise), Sitamarhi in connection with Sonbarsa P.S. case No.92 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T