Chhedi Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.21874 of 2016 (3) dt.01-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21874 of 2016 ======================================================

1. Chhedi Mahto S/o Late Kisto @Kasto Mahto Resident of Village- Belari, Police station- Kumar Khand, (o.p Belari) District Madhepura. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kumar Khand (Belari O.P.) P.S. Case No. 52 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47 (a) of Excise Act.

Allegedly, from the house of the petitioner country made liquor and foreign liquor in huge quantity has been recovered as per seizure list and for that no paper was produced. Submission is of false implication and that nothing was recovered from conscious possession of the petitioner, the recovery was from behind the house of Vijay Mandal the son of the petitioner and this fact has been supported by the witnesses vide paragraphs 23 and 24 of the case diary. The petitioner is suffering in custody since 29.03.2016 having no criminal

Patna High Court Cr.Misc. No.21874 of 2016 (3) dt.01-07-2016 antecedent.

Learned APP submits that huge quantity of wine was recovered.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Madhepura in connection with Kumar Khand (Belari O.P.) P.S. Case No. 52 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T