Dular Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5701 of 2017 Arising Out of PS.Case No. -304 Year- 2016 Thana -BIRPUR District- SUPAUL ======================================================
1. Dular Mahto , Son of Dharo Mahto
2. Laxman Mahto, Son of Dular Mahto Both are Resident of VillageBarantpur Ward no.6, P.S. Birpur, District-Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners are languishing in judicial custody since 04.12.2016 in connection with Birpur P.S. Case No. 304 of 2016 registered for the offence punishable under Sections 38(i), 41(1)(2) of the of the Bihar Excise (Amendment) Act, 2016. The prosecution case is that the police conducted raid in the house of the petitioners and recovered 8.640 litres and 7.500 litres of Nepali wine from petitioner no.1 and petitioner no.2 respectively, who are father and son.
It has been submitted by the learned counsel for the petitioners that they are innocent, have no criminal antecedent and have been falsely implicated in the aforesaid case. It has further
Patna High Court Cr.Misc. No.5701 of 2017 (2) dt.22-02-2017 2/2 been submitted that nothing has been recovered from the conscious possession of the petitioners.
However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur (Supaul) in connection with Birpur P.S.Case No.304 of 2016.
(Nilu Agrawal, J.) Arjun/- U T