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Bhuar Mahto @ Tejbali Kumar v. The State Of Bihar

Patna HC19 Nov 2018CR. MISC./68098/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case under the Bihar Prohibition and Excise Act following the recovery of 180 liters of wine. The order mandates surrender within six weeks and furnishing of sureties.

What did the court decide?

The petitioner is allowed to surrender within six weeks and is released on anticipatory bail subject to furnishing bonds and sureties of Rs.10,000 each.

Bhuar Mahto @ Tejbali Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68098 of 2018

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Arising Out of PS.Case No. -334 Year- 2018 Thana -GARKHA District- SARAN

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Bhuar Mahto @ Tejbali Kumar Son of Lalan Mahto, Resident of Sahebganj, Roopganj, Sonarpatti, Police Station- Chapra Town, DistrictSaran (Chapra).

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 19-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 180 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused Vivek Jaisawal. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in

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Patna High Court Cr.Misc. No.68098 of 2018 (2) dt.19-11-2018

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Page 2 of 2

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this case. It is alleged that 180 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. . Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6^th Additional District & Sessions Judge, Saran in connection with Garkha P.S. Case No. 334 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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A.K.V./-

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U T

Bhuar Mahto @ Tejbali Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bhuar Mahto @ Tejbali Kumar v. The State Of Bihar

Case brief

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