Pintu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62916 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== PINTU MAHTO, Son of Ram Swarth Mahto @ Ram Soarath Mahto Resident of Village - Dhankaul, P.S.- Patepur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2019 The petitioner apprehends his arrest in connection with Patepur P.S.Case No. 131 of 2019 registered under Sections 30(a), 32(ii), 38(ii) and 41(i) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner, as per FIR, is that the police, upon secret information that petitioner along with others have brought consignment of illicit liquor in a truck, intercepted the truck in question and recovered a total quantity of 864 litres of foreign liquor.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of secret information and he has got no criminal antecedent. He submits that the truck from which illicit liquor has been recovered does not belong to the petitioner and no illicit liquor has been

Patna High Court CR. MISC. No.62916 of 2019(2) dt.23-10-2019 2/2 recovered from the conscious possession or the vehicle of the petitioner.

Having regard to the submissions made by the parties and taking into consideration the fact that no recovery has been made from the possession of the petitioner or the vehicle belonging to the petitioner and he has got no criminal antecedent as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Addl. Sessons Judge-II-Cum-Special Judge, Excise Court, Vaishali at Hajipur in connection with Patepur P.S.Case No. 131 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T