Patna High CourtCR. MISC./14937/2019bail granted

Upendra Mahto v. The State Of Bihar

2019-03-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14937 of 2019 Arising Out of PS. Case No.-383 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== UPENDRA MAHTO Son of Late Tura Mahto Resident of Village- Bajpatti Abidpur Tola, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.12.2018 in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 100 litres of toddy was recovered from the terrace of the petitioner.

It is submitted by learned counsel for the petitioner that admittedly the recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery

Patna High Court CR. MISC. No.14937 of 2019(2) dt.12-03-2019 2/2 has been made from the terrace of the petitioner. Considering the nature of recovery, the period under custody, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned ADJ-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No.383 of 2018.

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