Bhikhar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12761 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhikhar Mahto, Son of Dhurkuli Mahto, Resident of Village- Madhubani Dhobia Tola, P.S.- Sangrampur, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ansul Mr. Archit Rajpal For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Sangrampur P.S. Case No. 136 of 2016 registered for the offences punishable under Sections 272 and 271 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016. Allegedly, from motorcycle 120 pieces country made liquor pouch, each containing 200 ml., were recovered and the petitioner succeeded in fleeing away.
Submission is of false implication and that the petitioner is in custody since 06.02.2017, nothing has been recovered from possession of the petitioner and, as such, the
Patna High Court Cr.Misc. No.12761 of 2017 (2) dt.13-04-2017 2/2 petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that the petitioner by remaining in custody, has been sufficiently penalized. In the facts and circumstances stated above, 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 C.J.M., East Champaran at Motihari in connection with Sangrampur P.S. Case No. 136 of 2016 subject to the conditions that one of the bailors must be 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) sushma/- U T