Jitendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4686 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== Jitendra Mahto, aged 30 years (male), Son of Karan Mahto @ Baran Mahto, Resident of Village - Sagar Churaman, P.S.- Kesariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 22.11.2018 in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that 78 litres of illicit country made liquor was recovered from the motorcycle driven by the petitioner.
It is submitted by learned counsel for the petitioner that the recovery was made from the motorcycle which is registered in the name of co-accused Lalan Bharti. A statement has been made in paragraph no. 3 of the petition that the
Patna High Court Cr.Misc. No.4686 of 2019(2) dt.29-01-2019 2/2 petitioner is not having any criminal antecedent. Learned APP for the State submits that apprehended motorcycle was driven by the petitioner, when the said recovery was made.
Considering the period under custody, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent , let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge cum Special Judge, Excise, Motihari, East Champran in connection with Dumariyaghat P.S. Case No. 204 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T