Brij Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67634 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== BRIJ MAHTO Son of Narayan Mahto, Resident of Village- Murarpur, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

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

The petitioner apprehends his arrest in Harsidhi P.S. Case No.156 of 2019 registered under Section 30(a) of the Indian Penal Code.

The informant got information that Tuntun Sah and Brij Mahto (petitioner) jointly used to sell liquor keeping behind the shop of Tuntun Sah and on such a raid was conducted and Nepali beer was recovered. Tuntun Sah is said to have disclosed that Brij Mahto (petitioner) brought beer for selling. Learned counsel for the petitioner submits that save and except the statement of Tuntun Sah, there is no material on record to show that the petitioner ever brought liquor and kept the same for selling. The petitioner has got no criminal antecedent and nothing has been recovered from possession of

Patna High Court CR. MISC. No.67634 of 2019(2) dt.04-11-2019 2/2 the petitioner.

Having considered the facts that nothing has been recovered from possession of the petitioner and the fact that the name of petitioner transpired from the disclosure made by Tuntun Sah, who was apprehended, 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 9th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Harsidhi P.S. Case No.156 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