Patna High CourtCR. MISC./25923/2016bail granted

Devendra Mahto v. The State Of Bihar

2016-07-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25923 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Devendra Mahto Son of Late Laxmi Mahto Resident of VillageKhedarpur,(Kabai), Police Station - Ghatho, District Samastipur,. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Zeyaul Hoda, Advocate. For the Opposite Party : Mr. Sri Dilip Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code, Sections 47(A) of Excise Act and 25 (1-b) A/26 of the Arms Act.

Three bottles of 180 ml. each of Indian made foreign liquor and one bottle of 400 ml. of country made liquor as well as one country made pistol without cartridge are said to have been recovered from the house of the petitioner on 01.04.2016. Submission on behalf of the petitioner is that nothing has been recovered from the conscious possession of the petitioner and as a matter of fact, the new Excise Act came into force on

Patna High Court Cr.Misc. No.25923 of 2016 (2) dt.05-07-2016 2/2 01.04.2016, and on the same day, the police raided the house of the petitioner and recovered the above stated material. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that the petitioner does not have any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri V.K. Singh, Judicial Magistrate 1st Class, Dalsingsarai in connection with Vidyapati Nagar (Ghatho) P.S. Case No. 36 of 2016.

(Hemant Kumar Srivastava, J.) Amit/- U T