Lorik Mahto @ Lorik Dhangar v. The State Of Bihar

Patna High Court Cr.Misc. No.11206 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11206 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lorik Mahto @ Lorik Dhangar, Son of Late Ramchandra Dhangar, Resident of Village- Majhauwa, Dhangar Toli, P.S.- Chautarwa, DistrictWest Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Ramnagar PS case no. 299 of 2017 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 2.5 liters of illicit liquor from the house of the father-in-law of the petitioner. The learned counsel for the petitioner submits that neither any recovery has been effected from the conscious possession of the petitioner nor the house belongs to the petitioner. The learned counsel for the petitioner submits that till registration

Patna High Court Cr.Misc. No.11206 of 2018 (2) dt.27-02-2018 of the present case, the petitioner is having a clean antecedent. Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, West Champaran at Bettiah in connection with Ramnagar PS case no. 299 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T