Patna High CourtCR. MISC./30291/2017bail granted

Mantosh Mahto @ Mantosh Ray v. The State Of Bihar

2017-07-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30291 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ====================================================== MANTOSH MAHTO @ MANTOSH RAY, son of Kamleshwari Mahto, resident of Village- Jaypalpatti, Ward No.15, P.S. & District- Madhepura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dinesh Prasad Verma, Advocate. For the Opposite Party : Mr. Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 16.04.2017 in connection with Excise Case No. 20 of 2017-18, C.I.S. No. 60 of 2017 for the offences instituted under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on receiving secret information, the informant and other police personnels recovered 800 ML illicit Chulai wine kept in a plastic bottle from possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.04.2017 and the prosecution

Patna High Court Cr.Misc. No.30291 of 2017 (2) dt.07-07-2017 2/2 report has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent.. 800 ML of country made liquor is said to have been recovered from possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the prosecution report. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing 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., Madhepura, in connection with Excise Case No. 20 of 2017-18, C.I.S. No. 60 of 2017.

U.K./- (Sudhir Singh, J) U T