Patna High CourtCR. MISC./17399/2019bail granted

Chandradip Mahato And ANR v. The State Of Bihar

2019-03-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17399 of 2019 Arising Out of PS. Case No.-652 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

Chandradip Mahato, Son of Late Ganesh Mahato, Resident of VillageManiyari, Post - Dheng, P.S.- Suppi, District - Sitamarhi. 2.

Siya Ram Choudhary, Son of Late Ram Janam Choudhary, Resident of Village- Maniyari, Post- Dheng, P.S.- Suppi, District- Sitamarhi. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 25.12.2018 in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that three persons were found crossing Nepal boarder, including the petitioners and one Ramashish Das and their possession, them 600 litres of illicit nepali made liquor were recovered.

It is submitted by learned counsel for the petitioners that only on the basis of suspicion, the petitioners have been roped in the present case and the prosecution does not suggest

Patna High Court CR. MISC. No.17399 of 2019(2) dt.28-03-2019 2/2 the recovery of the specific quanlity of liquor from any of the co-accused person. Though, petitioner no. 1 is not having any criminal antecedent but petitioner no. 2 is accused in one another case of similar nature in which, he is on bail. Learned APP submits that the recovery has been made from three persons.

Considering the period under custody and the fact that the investigation has already been concluded, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II -cum- Special Judge, Excise Act, Sitamarhi in connection with Case No. C2 652/18/779/18.

(Dinesh Kumar Singh, J) DKS/- U T