Patna High CourtCR. MISC./31135/2017bail granted

Vijay Mahto v. The State Of Bihar

2017-07-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31135 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -JALALPUR District- SARAN ====================================================== Vijay Mahto, son of Late Badari Mahto, Resident of Village- Makanpura, Police Station- Jalalpur, District- Saran (Chapra). .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Arun Kumar Rai, Advocate. For the Opposite Party : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.05.2017 in connection with Jalalpur P.S. Case No. 49 of 2016 for the offences instituted under Sections 272, 273 of the IPC and 47(a) of the of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on secret information, the informant recovered 43.600 liters of country made liquor from the Mango Orchard of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.05.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.31135 of 2017 (2) dt.10-07-2017 2/2 falsely been implicated in the present case. As per prosecution case, 43.600 liters of country made liquor is said to have been recovered from Mango Orchard of Ramyad Mahto. There is no recovery from conscious 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 F.I.R.

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 Additional District & Sessions Judge-VI, Saran at Chapra, in connection with Jalalpur P.S. Case No. 49/2016.

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