Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60505 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Vijay Mahto, Son of Late Laxman Mahto, Resident of Village - Purani Masjid, P.S.- Maharajganj, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No. 225 of 2019, registered under Sections 30(a), 36 and 41(1) of the Bihar Excise Act, 2016. The accusation is that on receiving secret information about preparing of illicit liquor in a hut near Rajendra Chauck, the informant along with police personnel reached there. On seeing the police personnel, three persons started to flee away with gallon but on chased two persons were apprehended while one succeeded to flee away throwing his gallon. The apprehended persons disclosed their names as Mukesh Kumar Chaudhary and Ramesh Kumar Choudahry. On

Patna High Court CR. MISC. No.60505 of 2019(2) dt.24-09-2019 2/2 search, two gallons each containing four litre country made liquor recovered. They also disclosed the name of this petitioner, who succeeded to flee away throwing a gallon containing 3.50 litres country made liquor.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has been disclosed by Mukesh Kumar Chaudhary and Ramesh Kumar Choudahry, who are said to be apprehended at the spot. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Spl. Judge, Excise, Siwan, in connection with Maharajganj P.S. Case No. 225 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T