Arun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82196 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== ARUN MAHTO S/o Late Baidyanath Mahto R/o Village- Siho, P.S.- Sakara, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh, Adv.

For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under section 30(a) of Bihar Prohibition and Excise Act. As per the prosecution report, a total of 174.210 litres of IMFL is stated to have been recovered from the toilet of Khadi Bhandar. It was further stated that as per information the petitioner and two other accused were involved in the trade of illicit liquor. It is submitted by learned counsel for the petitioner that neither the petitioner was apprehended at the spot nor does he have any concern with the seized liquor. It is further stated that the allegation against the petitioner is without any basis and that the petitioner has no criminal antecedent.

Having heard learned counsel for the parties and taking

Patna High Court CR. MISC. No.82196 of 2019(2) dt.11-12-2019 2/2 into consideration the fact of petitioner not being caught at the place of occurrence and not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Excise Case No.90 of 2019 is directed to 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 the learned Special Judge Excise Act, Muzaffarpur, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash Narayan U T