Santosh Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59216 of 2017 Arising Out of PS.Case No. -323 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Santosh Mahto, Sobh Nath Mahto,

2. Shobh Nath Mahto @ Somnath Mahto S/o Late Motilal Mahto, Both R/o Mohalla- D.M.C. Campus Benta, P.S.- Laheria Sarai, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, A.p.p. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Laheria Sarai P.S.Case No. 323 of 2017 (G.O. 1395 of 2017) instituted for the offence punishable under Section 30 (a)/ 37 (a) of the Bihar Excise Prohibition Amendment Act, 2016. The allegation is regarding recovery of 75 bottles of illicit liquor from the house of the petitioners. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and they have got clean antecedent and they are in custody since 13.08.2017.

Patna High Court Cr.Misc. No.59216 of 2017 (2) dt.22-12-2017 2/2 Considering the period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioners. Accordingly, the petitioners are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheria Sarai P.S.Case No.323 of 2017 ( G.O. No. 1395 of 2017).

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