Sitaram Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48343 of 2017 Arising Out of PS.Case No. -384 Year- 2017 Thana -BARACHATTI District- GAYA ====================================================== Sitaram Mahto, Son of Jailal Mahto, Resident of Village- Chaitta Tand, Police Station- Harlla, Sector No.9, District- Bokaro (Jharkhand). .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No.2 For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barachatti P.S.Case No. 384/2017 registered for the offences punishable under sections 272 and 273 of the Indian Penal Code and 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 120 litres of liquor from the vehicle and the petitioner was arrested at the spot.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in the present case who is only driver of the vehicle and nothing to do with the seized liquor. Further submission is that the petitioner is in custody for three and half months having no criminal antecedent.

Patna High Court Cr.Misc. No.48343 of 2017 (2) dt.12-10-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs.25,000/- (Rupess twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Gaya in connection with Barachatti P.S.Case No. 384/2017, subject to the following conditions:- (i) One of the bailors shall be a local person having sufficient immovable properties in the jurisdiction of court concerned.

(ii) If involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) Surendra/- U