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Patna High CourtCR. MISC./52864/2015bail granted

Ram Kumar Mahato @ Raj Kumar Mahato And ORS v. The State Of Bihar

2015-12-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52864 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -BARAULI District- GOPALGANJ ======================================================

1. Ram Kumar Mahato @ Raj Kumar Mahato son of Kailash Mahato,

2. Biru Mahato, son of Kailash Mahato,

3. Sonu Kumar alias Sonu Kumar Mahato @ Sonu Mahato, Son of Kailash Mahato, All are resident of village- Pipara, Police Station- Barauli, DistrictGopalaganj.

4. Lalan Mahato, son of Late Babulal Mahato, Resident of village- Laghi Sarari, Police Station- Goreya Kothi, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Sri Bakshi S.R.P. Sinha, Sr. Advocate Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-12-2015 Heard Sri Bakshi S.R.P. Sinha, learned senior counsel who was assisted by Sri Lokesh Kumar Singh, learned counsel for the petitioners and Mr. Mustaque Alam, learned A.P.P. Four petitioners who are in custody since 13.9.2015 in connection with Barauli P.S. Case No. 168 of 2015 registered for the offence under Section 420, 272, 273, 467, 468, 471, 308 of the Indian Penal Code and Section 47(a) of the Excise Act have prayed for grant of bail.

It was submitted by learned counsel for the petitioners that the father of the petitioner no. 1 to 3 in the present case has

Patna High Court Cr.Misc. No.52864 of 2015 (3) dt.15-12-2015 2/2 already been taken into custody and his bail was rejected even by this court. He submits that instead of their father entire family members have been implicated. Petitioners are in custody since 13.9.2015.

Learned A.P.P. has opposed the prayer of bail. He submits that in this case huge quantity to the tune of 800 liter of country made liquor was recovered from three different places and petitioners were involved in such illegal activities and as such they have been taken into custody.

Be that as it may, keeping in view the nature of accusation and the period of custody, let all the petitioners namely Ram Kumar Mahato @ Raj Kumar Mahato, Biru Mahato, Sonu Kumar alias Sonu Kumar Mahato @ Sonu Mahato and Lalan Mahato be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Pandey, learned Judicial Magistrate, Ist Class, Gopalganj in connection with Barauli P.S. Case No. 168 of 2015.

(Rakesh Kumar, J) Praful/- U T