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Rajesh Kumar @ Mahto @ Rajesh Mahto v. The State of Bihar

Patna HC9 Apr 2019CR. MISC./21328/2019

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner in a case concerning the recovery of 432 liters of wine under IPC Sections 272, 273 and Bihar Prohibition and Excise Act Section 30(A). The court released him on bonds of Rs. 10,000 with two sureties subject to standard conditions.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount to the satisfaction of the Special Judge, Excise Act, Sitamarhi.

Rajesh Kumar @ Mahto @ Rajesh Mahto Vs The… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21328 of 2019

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Arising Out of PS. Case No.-176 Year-2018 Thana- SONBERSA District- Sitamarhi

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

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RAJESH KUMAR @ MAHTO @ RAJESH MAHTO Son of Prabhu Mahto, Resident of Village-Laxmipur, P.S-Sonbarsa, District-Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Mritunjay Kumar Nirala ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 09-04-2019

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 432 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 Gauri Rai. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 432

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Patna High Court CR. MISC. No.21328 of 2019(2) dt.09-04-2019 2/2

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liters wine is recovered from by side of the river. 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 not named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sonbarsa P.S. Case No. 176 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

Rajesh Kumar @ Mahto @ Rajesh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Kumar @ Mahto @ Rajesh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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