Navin Kumar @ Chhotu @ Navin Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84420 of 2019 Arising Out of PS. Case No.-188 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Navin Kumar @ Chhotu @ Navin Mahto S/o Sahdeo Mahto, Resident of Village- Nipaniya, P.S.- Muffasil, (O.P. Lakho), District- Begusarai. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Ballia P.S. Case No. 188 of 2018 registered for the offences punishable under Sections 30(a), 32/41(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is not named in the FIR and nothing has been recovered from his conscious possessions and also the petitioner has got nothing to do with the alleged wine, place or the vehicle in question. Learned counsel also submits that similarly situated three co-accused have been granted privilege of anticipatory bail by the learned

Patna High Court CR. MISC. No.84420 of 2019(2) dt.19-12-2019 2/3 Co-ordinate Benches of this Court. Petitioner has no criminal antecedent.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein this petitioner is not named in the FIR, he has no criminal antecedent and he has specifically stated that he has got nothing to do with the alleged wine, place or the vehicle in question as also similarly situated three co-accused have been granted privilege of anticipatory bail by the learned Co-ordinate Benches of this Court, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cumSpecial Judge, Begusarai in connection with Ballia P.S. Case No. 188 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.84420 of 2019(2) dt.19-12-2019 3/3 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T