Patna High CourtCR. MISC./30902/2018allowed

Rajesh Mahto v. The State Of Bihar

2018-06-04Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30902 of 2018 (2) dt.04-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30902 of 2018 Arising Out of PS.Case No. -752 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Rajesh Mahto S/o Bhikhari Mahto, R/o Vill.- Laxmipur, Jamunia Urf Majurwa, P.S.- Sonevarsa, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sitamarhi Police Station Case No. 752 of 2017, disclosing offences under Sections 272, 273, 279 and 337 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner happens to be owner of the Tempo and nothing has been recovered from the possession of the petitioner rather the alleged recovery has been made from the road, which is evident from the seizure list. Hence, the petitioner who is of clean antecedent deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.30902 of 2018 (2) dt.04-06-2018 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II- Cum- Special Judge, Excise Act, Sitamarhi, in connection with Sitamarhi Police Station Case No. 752 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T