Raushan Kumar Mahto @ Raushan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79408 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- HARLAKHI District- Madhubani ====================================================== Raushan Kumar Mahto @ Raushan Mahto Son of Madan Mahto VillageDurgapatti PS- Harlakhi Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mr. Ajay Kumar No.2, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with G.R. No.1158 of 2024 arising out of Harlakhi P.S. Case No. 221 of 2024 instituted for the offence under Sections 274, 275 & 3(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The case of the prosecution is that from a bike altogether 27 liters of Nepali liquor was recovered.
4. During course of the argument, learned counsel for the appellant has submitted that nothing has been recovered from the possession of the petitioner and his name has been disclosed by co-accused Raja Kumar Mahto.
Patna High Court CR. MISC. No.79408 of 2024(2) dt.28-11-2024 2/2
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with G.R. No.1158 of 2024 arising out of Harlakhi P.S. Case No. 221 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) durgesh/- U T