Brajesh Kumar Mahto @ Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 55590 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- Khagaul District- Patna ====================================================== Brajesh Kumar Mahto @ Brajesh Kumar S/o Pintu Mahto, R/o Lakhani Bigha, P.S.- Danapur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Arya For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

06-10-2018 Heard Sri Mithilesh Kumar Arya, learned counsel for the petitioner. None appeared on behalf of State. The sole petitioner, apprehending his arrest in Special Case No. 3497 of 2018, arising out of Khagaul P.S. Case No. 82 of 2018 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner has drawn my attention to statement made in paragraph-3 of the petition to show that petitioner is having clean antecedent. He further submits that in the present case, huge quantity of Indian make foreign liquor was shown to be recovered from a hut, which was situated in an orchard, not belonging to the petitioner and petitioner has been arrayed as one of the accused. He submits

Patna High Court Cr.Misc. No.55590 of 2018(3) dt.06-10-2018 2/2 that only on suspicion, petitioner has been made accused, otherwise neither petitioner was having any connection with the said hut nor any connection with the said liquor. Considering the fact that nothing was recovered from the conscious possession of the petitioner as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Brajesh Kumar Mahto @ Brajesh Kumar 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 Special Judge Excise Act, Patna in connection with Special Case No. 3497 of 2018, arising out of Khagaul P.S. Case No. 82 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T