Ram Nath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63119 of 2017 Arising Out of PS.Case No. -179 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Ram Nath Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 179 of 2017 instituted for the offences under Sections 272, 273 and 414 of the Indian Penal Code and Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

The case of the prosecution is that when a Bolero vehicle was apprehended, 325 litres of illicit liquor was recovered and the petitioner was apprehended from the spot. The learned counsel for the petitioner submits that the petitioner is merely a co-passenger of the said vehicle and in fact he is neither a driver nor the owner of the said vehicle and he has a clean antecedent. It is submitted that the petitioner is in custody

Patna High Court Cr.Misc. No.63119 of 2017 (2) dt.18-01-2018 2/2 since 24.08.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional District Sessions Judge-cum-Special Excise Judge, Samastipur in connection with Bibhutipur P.S. Case No. 179 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T