Ajay Mahto @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57910 of 2022 Arising Out of PS. Case No.-416 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Ajay Mahto @ Ajay Kumar, Son Of Dinesh Mahto R/O Village- Sarmastpur, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Bela Singh For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Section 30(a) of the Excise Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 86.400 litres of liquor from a hut adjoining the house of Pramesh Mahto.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even the alleged recovery from a place which does not belong to the petitioner and he came to be implicated at the

Patna High Court CR. MISC. No.57910 of 2022(2) dt.09-11-2022 2/2 instance of local people.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sakra P. S. Case No.416 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T