Allowed

Arjun Mahto and Anr. v. The State Of Bihar

Patna HC20 Nov 2018CR. MISC./68633/2018

Case brief

AI extract

What is this about?

In this bail application, the Patna High Court granted anticipatory bail to petitioners accused under IPC and Bihar Prohibition and Excise Act offences, directing them to be released if they surrender within six weeks by furnishing bonds and sureties.

What did the court decide?

Release on anticipatory bail by furnishing bail bond of Rs. 10,000 with two sureties within six weeks.

Arjun Mahto and Anr. Vs The State Of Bihar — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68633 of 2018

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Arising Out of PS. Case No.-279 Year-2018 Thana- RIVILGANJ District- Saran

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======================================================

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1. Arjun Mahto, Son of Lalji Mahto.

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Dipak Kumar @ Dipak Rai, Son of Chethilal Rai. Both are Resident of Village-Newajitola Dharamsala,P.S. Revilganj,Distt.Saran.

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... ... Petitioners

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Versus

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The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Mukesh Kumar Singh, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 20-11-2018

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Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners are apprehending their arrest in a case for the offence registered under Sections 272, 273, 308 of the IPC, 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

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The prosecution story, in brief, is that total 135 liters wine is said to have been recovered.

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It has been submitted by learned counsel for the petitioners that the petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. It is alleged that total 135 liters wine is recovered. Out of which, 60 liters wine is said to have been recovered from the Bhatti of the petitioners which is situated in Diyara area. The name of the petitioners has come

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Patna High Court Cr.Misc. No.68633 of 2018(2) dt.20-11-2018 2/2

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in the present case on the basis of disclosure made by coaccused Baliram Mahto. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners 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 petitioners are named in the F.I.R./Complaint Case.

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Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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) each with two sureties of the like amount each to the satisfaction of learned 6^th A.D.J./Special Judge, Excise, Saran, Chapra in connection with Revilganj P.S. Case No. 279 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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U.K.//-

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(Sudhir Singh, J)

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U T

Arjun Mahto and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Arjun Mahto and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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