Laddu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85471 of 2023 Arising Out of PS. Case No.-621 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Laddu Mahto Son Of Chandreswar Mahto @ Chandra Shekhar Mahto @ Chandeshwar Mahto Resident Of Village- Bahilwara Bhual North, PsSaraiya, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 30.240 liters of illicit liquor is said to have been recovered from the place of occurrence. He submits that the local Chaukidar disclosed the name of the petitioner.
Patna High Court CR. MISC. No.85471 of 2023(2) dt.16-01-2024 2/3 Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Saraiya P.S. Case No. 621 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
Patna High Court CR. MISC. No.85471 of 2023(2) dt.16-01-2024 3/3
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) devendra/- U T