Ram Chandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80755 of 2018 Arising Out of PS. Case No.-339 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Ram Chandra Mahto, S/o Jawahir Mahto Vill-Lala Tola, Grabhuwa,P.OTurhapatti, P.S-Chanpatiya, Sirisiya(O.P.),Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Chanpatia (Sirisia O.P.) P. S. Case No. 339 of 2018, registered for the offence punishable under Sections 467, 468, 471, 414 of the Indian Penal Code and Section 30 (A) of Bihar Prohibition & Excise Act, 2016. Allegation has been made that police on secret information raided the village and recovered huge quantity of illegal wine including stolen vehicle. Further allegation made in the FIR that two motorcycles have been recovered from the Darwaja of the petitioner.

Learned counsel for the petitioner submits that no

Patna High Court Cr.Misc. No.80755 of 2018(2) dt.25-01-2019 2/2 illegal wine recovered from the house of the petitioner. Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Bettiah, West Champaran, in connection with Chanpatia (Sirisiya O.P.) P. S. Case No. 339 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that the court below/learned Magistrate will conduct inquiry and if it is found that illegal liquor has been recovered from the house of the petitioner, in such circumstance, the court below will not confirm the bail of the petitioner.

(Shivaji Pandey, J) Aks/ S. Katyayan U T