Bharat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86209 of 2019 Arising Out of PS. Case No.-358 Year-2019 Thana- BRAHMPURA District- Muzaffarpur ====================================================== BHARAT MAHTO Son of Sukdeo Mahto Resident of Laxmi Chowk, P.S.- Brahmpura, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pradhan Murli Manohar Prasad, For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Brhampura P.S.Case No.358 of 2019 , registered for offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 38(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Police got information of sale of liquor by the petitioner and other accused persons and on that information he reached near the Rain Basera (Laxami Chowk) and seeing the police party, two persons succeeded in fleeing away leaving one Scooty and from the Scooty, there is recovery of 22.740 ltrs of liquor.

Submission of the learned counsel for the petitioner is that nothing ha b een recovered from his conscious possession or at his instance and the Scooty does not belong to the petitioner. FIR discloses that he has been made accused only

Patna High Court CR. MISC. No.86209 of 2019(2) dt.22-01-2020 2/2 on confidential information. Petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Brhampura P.S.Case No.358 o 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T