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Patna High CourtCR. MISC./37589/2017allowed

Ramesh Kumar @ Bhola Mahto @ Ramesh Kumar Mahto v. The State Of Bihar

2017-09-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37589 of 2017 Arising Out of PS. Case No.-36 Year-2017 Thana- WARISNAGAR District- Samastipur ====================================================== Ramesh Kumar @ Bhola Mahto @ Ramesh Kumar Mahto, Son of Late Ram Khelawan Mahto, Resident of Village- Musepur, P.S.- Kalyanpur, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. SRI SAKIR AHMAD ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-09-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Warisnagar P.S. Case No. 36 of 2017 registered for the offence punishable under sections 30(a), 37(a), 37(d), 38/41 of Bihar Prohibition and Excise Act, 2016.

Learned counsels appearing for the petitioner submits that petitioner has been made victim of circumstances. Recovery is from open field. From the seizure list it appears that nothing has been recovered from the possession of the petitioner. Petitioner has no concern with the alleged recovery. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions of advanced on behalf of the parties, let the

Patna High Court Cr.Misc. No.37589 of 2017(3) dt.01-09-2017 2/2 petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 36 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T