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Patna High CourtCR. MISC./63494/2022allowed

Pappu Kumar Mahto @Pappu Mahto v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63494 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Pappu Kumar Mahto @PAPPU Mahto S/O Late Suraj Mahto @ Late Ram Suraj Mahto R/O Village- Kamalpur (Arghawa), P.S- Basopatti, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 9 litres of illicit liquor from a shop. The petitioner is alleged to be the owner of the shop.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.63494 of 2022(2) dt.02-12-2022 2/2 possession of the petitioner. The petitioner does not have any concern either with the apprehended accused, or the illicit liquor or the shop in question. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Basopatti P.S. Case No. 157 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T