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Patna High CourtCR. MISC./23033/2016disposed

Shivnath Mahto And ORS v. The State Of Bihar

2016-05-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23033 of 2016 Arising Out of PS.Case No. -173 Year- 2015 Thana -RIVILGANJ District- SARAN ======================================================

1. Shivnath Mahto Son of Dipti Mahto

2. Santosh Mahto @ Dablu Mahto Son of Chandrika Mahto

3. Satrudhan Mahto Son of Shiv Parsan Mahto

4. Ganga Sagar Mahto @ Ganga Sagar Son of Late Laxman Mahto @ Lakhi Mahto

5. Kusum Mahto Son of Kailash Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272/273/308/328 of the Indian Penal Code and section 47a of the Exicise Act.

From the embankment of river Saryug 970 litres of 'mahua' liquor were recovered when the manufacturing unit is alleged to have been run by the petitioner.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. There is nothing on record to suggest that the place of recovery belongs

Patna High Court Cr.Misc. No.23033 of 2016 (2) dt.23-05-2016 2/2 to the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Rivilganj P.S. Case No.173/2015, pending before the learned 8th Additional Chief Judicial Magistrate, Saran at Chapra.

With the above observation, this application is, accordingly, disposed off.

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