Janak Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68539 of 2022 Arising Out of PS. Case No.-569 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Janak Mahto Son of Sukhdev Mahto Resident of village - Dedaul, P.S.- Sakra, District - Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance:
For the Petitioner :
Mr. Mahendra Thakur, Advocate For the Opposite Party :
Mr. Sunil Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual Court Proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 97.5 liters of foreign liquor is said to have been recovered from the place of occurrence, one person was apprehended who disclosed the name of the petitioner. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He was not apprehended on the
Patna High Court CR. MISC. No.68539 of 2022(2) dt.23-12-2022 2/3 spot. Petitioner has one criminal antecedent but not of similar nature as mentioned in para-3 of this application. Petitioner has agreed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
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 eight weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case in pending/successor Court in connection with Excise P.S. Case No. 569 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The Petitioner shall not indulge himself in any similar offence till conclusion of the trial.
The bail bond of the petitioner shall be accepted by the
Patna High Court CR. MISC. No.68539 of 2022(2) dt.23-12-2022 3/3 learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) Shahnawaz/- U T