Krishna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67630 of 2019 Arising Out of PS. Case No.-309 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== KRISHNA MAHTO Son of Ramjee Mahto, Resident of Village- Hasanpura, P.S.- Chapra Muffasil, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-11-2019 Heard both sides.

The petitioner apprehends his arrest in Chapra Muffasil P.S. Case No.309 of 2019 registered under Sections 272, 273 and 34 of the Indian Penal Code and under Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act. The informant got information and on such he laid trap and stopped two persons coming on a motorcycle but after seeing the police, the motorcyclist turned the motorcycle in opposite direction and started fleeing away. On such, one Murari Mahto was arrested and he is said to have disclosed the name of Krishna Mahto (petitioner), who managed to flee away. 20 litres country made liquor and one motorcycle were recovered from possession of Murari Mahto.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67630 of 2019(2) dt.04-11-2019 2/2 nothing has been recovered from possession of the petitioner. The petitioner is not the owner of the vehicle. Murari Mahto was arrested from whose possession the motorcycle and country made liquor were recovered.

Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 11th Additional Sessions Judge-cum Special Judge, Excise, Saran at Chapra in connection with Chapra Muffasil P.S. Case No.309 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T