Patna High CourtCR. MISC./51265/2018bail granted

Manoj Mahto And ANR v. The State Of Bihar

2018-09-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51265 of 2018 Arising Out of PS.Case No. -352 Year- 2017 Thana -BARGAINIA District- SITAMARHI ======================================================

1. Manoj Mahto S/o Pathal Mahto

2. Farendra Kumar@Gorka S/o Ram Ayodhya Mahto Both Resident of Village- Nandwara, P.S. Bairgania, District- Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Bairgania P.S.Case No. 352 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016. There is allegation of recovery of 351 litres of wine and petitioners were seen fleeing away from the place of occurrence. Submission of learned counsel for the petitioners is that petitioners have no criminal antecedent and on the basis of disclosure made by local Chaukidar their names have transpired and except that there is nothing against them, even there is no compliance of Section 100 of Cr.P.C.

Heard learned APP also.

Having heard both sides and in the facts and

Patna High Court Cr.Misc. No.51265 of 2018 (2) dt.12-09-2018 2/2 circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Bairgania P.S.Case No. 352 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U