Chhotan Mahto @ Chhote Lal Mahto @ Chhota Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11962 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -PARSA District- SARAN ======================================================

1. Chhotan Mahto @ Chhote Lal Mahto @ Chhota Lal Mahto, Son of Late Rameshwar Mahto, Resident of Village- Pachlakh Tole Lalapur, P.S.- Parsa, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Parsa PS case no. 189 of 2017 registered for the offences punishable under Sections 272, 273, 420, 414 of Indian Penal Code and 30/30(a) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 10 ltrs. of illicit liquor from the abandoned motorcycle.

The learned counsel for the petitioner submits that neither any recovery has been effected from the conscious possession of the petitioner nor the said motorcycle belongs to the petitioner. It is further submitted that barring one case in which the petitioner is on bail, the petitioner has a fair antecedent.

Patna High Court Cr.Misc. No.11962 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of 6th A.D.J., Chapra, Saran in connection with Parsa PS case no. 189 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T