Devendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78832 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Devendra Mahto S/o Chandeshwar Mahto @ Chandeshwar Singh R/vill-Rai Patti, P.S-Siwaipatti, Distt.-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 This application, for grant of anticipatory bail, arises out of Siwaipatti P.S. Case No. 34 of 2017, disclosing offences under Sections 272, 273, 34 of the Indian Penal Code and Sections 30, 38 and 48 of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 9.9 litres of liquor from the co-accused.

Submission of learned counsel for the petitioner is that he is not named in the F.I.R and nothing has been recovered from him. Further he has falsely been implicated in this case on the basis of disclosure made by the co-accused and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts,

Patna High Court Cr.Misc. No.78832 of 2018(2) dt.11-01-2019 2/2 this application is allowed. Let the petitioner, above named, 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. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Siwaipatti P.S. Case No. 34 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Vinod Kumar Sinha, J) sunilkumar/- U T