Allowed

Krishna Kumar Mahto v. The State of Bihar

Patna HC23 Feb 2022CR. MISC./11999/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioners in a case under the Bihar Prohibition and Excise Act involving wine recovery, requiring surrender within 12 weeks and furnishing a bail bond of Rs.10,000 with two sureties.

What did the court decide?

Petitioners to be released on anticipatory bail by surrendering within 12 weeks and furnishing Rs.10,000 bond with two sureties.

Krishna Kumar Mahto Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11999 of 2021

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Arising Out of PS. Case No.-230 Year-2020 Thana- BAHERI District- Darbhanga

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

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Krishna Kumar Mahto S/O Late Sahdeo Mahto R/O Village-Phulhara, P.SSinghiya, District-Samastipur.

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Pashupati Kumar S/O Lalo Mahto R/O Village-Situahi Shankarpur, P.SRosra, District-Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Harsh Anuj, Advocate For the Opposite Party/s : Mr.Prem Kumar Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 23-02-2022

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners are apprehending their arrest in a case registered under Sections 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 936.720 liters wine is recovered from the truck, 90 liters wine is recovered from wagon R car, 892.800 liters wine is recovered from pick up van, 896.400 liters wine is recovered from Bolero, 180 liters wine is recovered from another car and 7 liters wine is recovered from different motorcycles.

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It has been submitted on behalf of the petitioners that

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Patna High Court CR. MISC. No.11999 of 2021(3) dt.23-02-2022 2/3

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the petitioners have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. It is alleged that 936.720 liters wine is recovered from the truck, 90 liters wine is recovered from wagon R car, 892.800 liters wine is recovered from pick up van, 896.400 liters wine is recovered from Bolero, 180 liters wine is recovered from another car and 7 liters wine is recovered from different motorcycles. The petitioners are alleged to be the owners of two motorcycles. Said motorcycles were given by the petitioners to the co-villagers for their personal use. The petitioners had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioners. 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 complaint case/F.I.R.

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Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2^nd Additional

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Patna High Court CR. MISC. No.11999 of 2021(3) dt.23-02-2022 3/3

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Sessions Judge-cum-Special Judge (Excise Act), Darbhanga in connection with Baheri P.S. case No.230/2020, 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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Narendra/-

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U T

Krishna Kumar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Krishna Kumar 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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