Dhrup Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62550 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== Dhrup Mahto Son of Vanarasi Mahto @ Banarasi Mahto, Resident of VillageMathiya Bariyarpur, P.S.-Piprakothi, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Abhishek Kumar, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in Piprakothi P.S. Case No. 153 of 2018 registered for the offence under Sections 272, 273, 34 of the Indian Penal Code and 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. At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. He has also drawn my attention to the statement made in paragraph-11 of the petition to show that the petitioner is having no connection with the bamboo orchard, from where recovery of 25 litres of spirit has been shown. He submits that

Patna High Court Cr.Misc. No.62550 of 2018(2) dt.08-10-2018 2/2 the petitioner has been arrayed as accused only on the ground that orchard was near the house of the petitioner. Considering the facts and circumstances as well as the fact that the petitioner is having clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Dhrup 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 learned Special Judge, Excise, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 153 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T