Jagu Mahato v. the State of Bihar

Patna HC16 Feb 2024CR. MISC./6181/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted by Patna High Court (Satyavrat Verma, J.) on 16-02-2024 in Criminal Miscellaneous No. 6181 of 2024 (Jagu Mahato v. State of Bihar); offences under Sections 272, 273 IPC and Section 30(a) Bihar Excise Act; Turkauliya P.S. Case No. 1115 of 2023, District East Champaran; alleged recovery of 9.5 litres of liquor from behind petitioner's hut; bail bonds of Rs. 5,000 with two sureties; conditions under Section 438(2) Cr.P.C.; six-week window for arrest or surrender.

What did the court decide?

Anticipatory bail granted: petitioner to be released, upon arrest or surrender within six weeks, on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of the learned trial court, subject to the conditions under Section 438(2) Cr.P.C. ¶¶20

Jagu Mahato Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6181 of 2024

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Arising Out of PS. Case No.-1115 Year-2023 Thana- TURKAULIYA District- East Champaran

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

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JAGU MAHATO SON OF LATE GAYA MAHTO RESIDENT OF VILLAGE - MADHOPUR WARD NO.8, P.S. - TURKAULIYA, DISTRICT - EAST CHAMPARAN

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Ms.Asha Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 16-02-2024

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1. Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 9.5 litres of liquor from a place behind the hut of the petitioner.

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4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is further submitted that since the liquor was recovered from a place near to the

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Patna High Court CR. MISC. No.6181 of 2024(2) dt.16-02-2024 2/2

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house of the petitioner as such he came to be implicated at the instance of local people, but then the FIR does not disclose the name of the local people, who disclosed the name of the petitioner which casts an aspersion on the case of the prosecution.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya P.S. Case No. 1115 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

Jagu Mahato v. the State of Bihar

Case brief

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Jagu Mahato v. the State of Bihar

Case brief

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