Patna High CourtCR. MISC./41427/2017bail granted

Mahesh Mahto @ Bhushan Chandravanshi v. The State Of Bihar

2017-09-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41427 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -KANHAULI District- SITAMARHI ======================================================

1. Mahesh Mahto @ Bhushan Chandravanshi Son of Late Shobhit Mahto, R/o Village- Bhauprasad, P.S.- Dumar, District- Sitamarahi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Kanhauli P.S. Case No. 90/2017 for offences punishable under Sections 272, 273 of the Indian Penal Code and 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during patrolling they intercepted one motorcycle and two persons including the petitioner were apprehended. From the bag 10.5 litres of Nepali Sophy wine was recovered, and, accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.41427 of 2017 (2) dt.13-09-2017 2/2 been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and he is languishing in judicial custody since 22.07.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 cum Special Judge, Excise Act, Sitamarhi, in connection with Kanhauli P.S. Case No. 90 of 2017.

(Nilu Agrawal, J) Rajesh/- U T