Krishna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56975 of 2018 Arising Out of PS.Case No. -277 Year- 2018 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Krishna Mahto S/o Late Mohan Mahto, R/o Vill.- Utarawari Pokhra, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a)/35/38/56 of the Bihar Prohibition and Excise Act, 2016. From the house of this petitioner 18.5 liters of liquor was recovered.

Submission is that the petitioner has got no criminal antecedent. The house is occupied by other family members also. Moreover, from the house of co-accused Dhrub Mahto 145 liters of liquor was recovered. He has been allowed anticipatory bail by a coordinate Bench of this Court vide Annexure-2.

Patna High Court Cr.Misc. No.56975 of 2018 (2) dt.27-09-2018 P2/ Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Bettiah Town Police Station Case No.277 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T