Allowed

Ajay Mahto v. The State of Bihar

Patna HC12 Oct 2020CR. MISC./6242/2020

Case brief

AI extract

What is this about?

The Patna High Court, in a bail application by a truck driver accused of transporting illicit liquor under Sections 272, 273 IPC and Section 30 of the Bihar Prohibition and Excise Act, granted bail upon furnishing a bond of Rs. 10,000 along with two sureties, one being a parent or close relative.

What did the court decide?

Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount, one of whom must be a parent or close relative.

Ajay Mahto Vs The State of Bihar — Bail and Remand | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6242 of 2020

¶2

Arising Out of PS. Case No.-44 Year-2019 Thana- MALAYPUR District- Jamui

¶3

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

¶4

AJAY MAHTO, Son of Ram Briksh Mahto @ Ram Briksh Chauhan Resident of Village - Makdumpur Kodariya, P.S.- Karja, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

===================	===================	... ... Opposite Party/s ================
Appearance :
For the Petitioner/s :	Mr.Bipin Kumar
For the Opposite Party/s : ===================	Mr.Shailendra Kumar ===================	================

¶9

CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

¶10

ORAL ORDER

¶11

3 12-10-2020

¶12

Heard learned counsel for the petitioner and the

¶13

learned A.P.P. for the State through video conferencing.

¶14

The petitioner seeks bail in connection with Malaypur P.S. Case No. 44 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.

¶15

The accusation is that in course of patrolling duty, the informant Rajesh Kumar, Officer in Charge of Malaypur Police Station received information about parking of a six wheeler truck bearing registration No. BR06-2918 loaded with illicit liquor/spirit at Katona Bypass, thereafter, informant and other Police personnel reached there then the aforesaid truck was found in parking condition and a person was also found sitting in cabin of the said truck. On search, a concealed

¶16

Patna High Court CR. MISC. No.6242 of 2020(3) dt.12-10-2020 2/3

¶17

chamber was detected in the truck in which 16 plastic gallons, each containing 200 liters white spirit recovered. On query, the person who was sitting in the cabin disclosed his name Ajay Mahto (Petitioner), as driver of the truck, and he also disclosed that the said drums were loaded at Giridih and the same were being carried for destination at Narayani Patrol pump, Muzaffarpur from where another driver was engaged to take the said truck for destination at another place. He also disclosed the name of owner of the truck as Pappu Singh.

¶18

Learned counsel appearing for the petitioner submits that the petitioner is, simply, driver of the truck from which 16 drums, each containing 200 liters of spirit, are said to be recovered. Further submission is that, earlier, the bail prayer of the petitioner was refused by a Co-ordinate Bench of this Court vide Criminal Miscellaneous No. 45222 of 2019 on 25.07.2019 with observation that petitioner will be at liberty to renew his prayer for bail after six months. In the present case the petitioner is in custody since 31.05.2019.

¶19

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

¶20

Patna High Court CR. MISC. No.6242 of 2020(3) dt.12-10-2020 3/3

¶21

satisfaction of the learned 2^nd Additional District and Sessions Judge-cum-Special Judge, Excise, Jamui in connection with Malaypur P.S. Case No. 44 of 2019. Out of two sureties, one surety must be parent/close relative of the petitioner.

¶22

(Rajendra Kumar Mishra, J)

¶23

manish/-

¶24

U T

Ajay Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

MD Mosabbir @ MD Mosowwer Vs The State of Bihar

Suresh Kumar Chaudhary Vs The State Of Bihar and Ors.

Nand Kishore Gupta Vs The State Of Bihar and Ors.

Sanjeev Kumar @ Sanjiv Kumar @ Banda Yadav @ Banda Vs The State of Bihar

Ajay Kumar @ Ajay Sahni @ Ajay Sahani Vs The State of Bihar

Ajit Kumar Vs The State of Bihar