Patna High CourtCR. MISC./63470/2017bail granted

Mahesh Kumar @ Mahesh Mahto v. The State Of Bihar

2018-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63470 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -NIYAMCHANDPUR District- BEGUSARAI ======================================================

1. Mahesh Kumar @ Mahesh Mahto, S/o Ram Mahton, Resident of Passowan Tola, Neema, P.S.- Neemachandpura, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Neemachandpura PS case no. 64 of 2017 instituted for the offences punishable under Section 30(A) of the Bihar Excise and Prohibition Act, 2016.

The allegation is regarding recovery of 25.5 ltrs. of liquor from the bamboo orchard of one co-accused Ravindra Ram. During inquiry, it has transpired that one of the person who was fleeing away is the petitioner herein.

The learned counsel for the petitioner submits that no recovery has been effected from the person of the petitioner whereas the recovery has been effected from the bamboo orchard

Patna High Court Cr.Misc. No.63470 of 2017 (2) dt.17-01-2018 2/2 of one Ravindra Ram, who is not even been made co-accused in the present case. The petitioner is said to have languishing in custody since 31.10.2017.

Considering the nature of accusation and the period of custody undergone, I deem it fit and appropriate to enlarge the petitioner on regular bail. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge 7th-cumSpecial Judge, Begusarai in connection with Neemachandpura PS case no. 64 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T