Mithu Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13145 of 2022 Arising Out of PS. Case No.-402 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== MITHU SAW S/o- Lakshmi Saw @ Ugrah Saw Resident of Village - Kajpa, P.S. - Rafiganj, District - Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Rafiganj P.S. Case No. 402 of 2021 instituted for the offences under Sections 30(a) and 30(C) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 31.01.2022 and is a person with clean antecedent.
Allegation is of recovery of 105 litre of spirit from a shrub behind the house of Om Prakash Mahto along with other articles.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.13145 of 2022(2) dt.22-03-2022 2/2 whatever recovery was made that was made behind the house of Om Prakash Mahto with which the petitioner has no concern and his name was disclosed by the local Choukidar with whom the petitioner was on an inimical term.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent and was not arrested from the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-I, Excise Act, Aurangabad, Bihar in connection with Rafiganj P.S. Case No. 402 of 2021. (Satyavrat Verma, J) Kundan/- U T