Mahatam Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.6557 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6557 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -GOPALPUR District- WESTCHAMPARAN (BETTIAH) ====================================================== Mahatam Tiwari, Son of Sri Ram Surat Tiwari, resident of village - Bheriharwa, P.S. Nautan, District - West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.11.2016 in connection with Gopalpur P.S. Case No. 111 of 2016 for the offences alleged under Sections 414, 420, 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 220 bottles of Nepali Wine containing 180 ml. each (Total 39.5 litres). Recovery of the offending goods from the possession of the petitioner is denied. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 17.11.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-In-Charge, West Champaran at Bettiah in connection with Gopalpur P.S. Case No. 111 of 2016.

(Vikash Jain, J) Md. Ibrarul/BT U T