Pramod Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69505 of 2018 Arising Out of PS. Case No.-335 Year-2018 Thana- MAJHAULIA District- West Champaran ======================================================
1. Pramod Mahto, son of Ramji Mahto.
2. Rajan Mahto, son of Vasdeo Mahto.
3. Dholi Mahto @ Bholi Mahto, son of Ramji Mahto.
4. Dhrup Mahto, son of Vaidyanath Mahto. All are resident of Village- Bakharia, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai For the Opposite Party/s :
Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(A),36,38 of the Bihar Prohibition and Excise Act 2016.
Admittedly, nothing was recovered from conscious possession of the petitioners and the name of petitioners came in confessional statement of co-accused, who were apprehended by the police at the time of recovery of illicit liquor. However, petitioners do not have any criminal antecedent, which is evident from perusal of Para-3 of the petition. Considering the aforesaid facts and circumstances as
Patna High Court Cr.Misc. No.69505 of 2018(2) dt.17-12-2018 2/2 well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned special Judge, Excise, Bettiah, West Champaran in Majhaulia P.S. Case No. 335 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.
N.K/- (Hemant Kumar Srivastava, J) U T