Patna High CourtCR. MISC./10130/2018bail granted

Manjesh Kumar Mahto @ Manjesh Mahto And ANR v. The State Of Bihar

2018-02-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10130 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -ASAWAN District- SIWAN ======================================================

1. Manjesh Kumar Mahto @ Manjesh Mahto, S/o Pashuram Mahto.

2. Anup Kumar Ram @ Anup Ram, S/o- Mahangu Ram. Both R/o Village- Tajpur Fulwariya, P.S. Manjhi, District- Chapra. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 05.11.2017 in a case for the offence registered under Sections 272, 273, 308 of the IPC, 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 25.920 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.10130 of 2018 (2) dt.22-02-2018 2/2 against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 25.920 liters wine is recovered from the motorcycle in question. The petitioner no. 1 was riding the said motorcycle and petitioner no. 2 was pillion rider. The name of the petitioners has come on the basis of alleged recovery made from the motorcycle in question. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Siwan, in connection with Asawn P.S. Case No. 68 of 2017.

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