Rama Kant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33513 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Rama Kant Mahto S/o Vishwanath Matho, R/o Vill.- Harpur Rajokhar, P.S. + District- Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

Mr. Dhramveer, Adv.

For the Opposite Party/s :

Mr. None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 Heard Sri Ranjan Kumar Jha, learned counsel, assisted by Sri Dhramveer, learned counsel for the petitioner . None appeared on behalf of the State. The sole petitioner, having clean antecedent, which fact has been stated in paragraph 3 of the petition, apprehending his arrest in Excise Case No. 72 of 2018, registered for offence under Section 30(a) of the 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 submits that nothing was recovered either from the conscious possession of the petitioner, from his premises or from his

Patna High Court Cr.Misc. No.33513 of 2018(2) dt.27-06-2018 2/3 field, rather in the case, from an open field, not belonging to the petitioner, about 81 litres of Indian make foreign liquor was shown to be recovered. The petitioner along with some other persons due to village politics have been falsely implicated as if the petitioner was involved in the case. By way of referring to the F.I.R., Sri Ranjan Kumar Jha, learned counsel for the petitioner submits that while fleeing away from the place of occurrence after seeing the police, it has been stated that the accused persons including the petitioner was seen by the witness. He submits that name of the witness has not been disclosed by the informant and only vague allegation has been made.

Considering the fact that petitioner is having clean antecedent and nothing was recovered either from his conscious possession or his land or premises, there is no reason to refuse the prayer for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Rama Kant Mahto 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

Patna High Court Cr.Misc. No.33513 of 2018(2) dt.27-06-2018 3/3 learned 2nd Addl. Sessions Judge-cum-Special Judge, Gopalganj in connection with Excise Case No. 72 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T