Rajan Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.6122 of 2018 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6122 of 2018 Arising Out of PS.Case No. -461 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajan Mahto, Son of Ramji Mahto, Resident of Village/Mohalla- Turha Toli, Kalibagh, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Mukesh Kumar For the Opposite Party : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Bettiah Town PS Case No. 461 of 2017 registered under Section 30(A) and 36 of the Bihar Prohibition and Excise Act.

Learned Counsel for the petitioner submits that the petitioner is not the tempo driver though the FIR says that he is driver. The recovery is said to be from the tempo.

Learned Counsel for the State submits that three cases under the Excise Act were earlier lodged against the petitioner and he was driver of the tempo from which liquor was recovered. Having considered the said facts and circumstances, the prayer for bail of petitioner is refused.

However the petitioner, if so advised, may renew the prayer for bail after two months of framing of the charge. Snkumar/- (Arun Kumar, J.) U T