Bigu @ Bigu Mahto @ Raghunath Prasad @ Raghunath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3625 of 2020 Arising Out of PS. Case No.-282 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== Bigu @ Bigu Mahto @ Raghunath Prasad @ Raghunath Mahto, S/o Kishori Mahto, Resident of Bhutahi, Ward No. 4, P.S.- Bhutahi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Riga P.S. Case No. 282 of 2019, registered under Section 30(A) of the Bihar Excise Act, 2016.

The accusation is that on receiving secret information about unloading of illicit liquor from truck by eight persons named in the FIR including the petitioner in village Madra in the orchard, the informant along with other police personnel reached there then saw some persons unloading the cartoons form the truck. On seeing the police party, they started to flee away but on chase, seven persons succeeded to flee away but one was apprehended, who disclosed his name as Naga Sah

Patna High Court CR. MISC. No.3625 of 2020(2) dt.04-02-2020 2/2 and also disclosed the name of aforesaid persons succeeding in fleeing away. On search, several bottles of Indian made foreign lquor in the volume of 3324.960 litres recovered from the truck. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot but his name has been disclosed by co-accused, Naga Sah, who was apprehended at the spot with Indian made foreign liquor bottles in the volume of 3324.960 litres. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Sitamarhi, in connection with Riga P.S. Case No. 282 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T