Kishan Dev Mahto @ Kishandeo Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59158 of 2017 Arising Out of PS.Case No. -537 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================
1. Kishan Dev Mahto @ Kishandeo Mahto, Son of Ram Sugarath Mahto, Resident of Village- Dadanchak, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with C2/537/2017 instituted for the offence punishable under Section 30 (a) of the Bihar Excise Prohibition Amendment Act, 2016. The allegation is regarding recovery of 90 liters of Nepali Saufi wine from the Auto Rickshaw in which three persons were sitting including the petitioner.
Learned counsel for the petitioner submits that he is only a driver of the Auto Rickshaw and the other co-accused persons, who were travelling in the said auto as passengers and were also apprehended, have been granted bail. It is submitted
Patna High Court Cr.Misc. No.59158 of 2017 (3) dt.22-12-2017 2/2 that the petitioner can not be held liable for the recovery of illicit wine from the co-accused persons (passengers). It is stated that the petitioner has clean antecedent and he is in custody since 26.09.2017.
Considering the nature of accusation, period of custody undergone and the fact that the petitioner has a clean antecedent, I deem it fit and appropriate to direct the release of the petitioners. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge- II -cum- Special Judge, Excise Act, Sitamarhi in connection with Case No. C2/537/2017. (Mohit Kumar Shah, J) Sudha/- U T