Patna High CourtCR. MISC./53361/2016bail granted

Rajeshwar Mahto v. State Of Bihar And ANR

2016-12-22Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53361 of 2016 Arising Out of PS.Case No. -319 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajeshwar Mahto Son of Ramadhar Mahto Resident of village- Beldari, P.S.- Simraingarg, District- Bara(Nepal) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Union of India through Inspector General S.S.B. Frontier Head Quarter, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 19.08.2016 in connection with Ghorasahan P.S. Case No. 319 of 2016 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 47 and 54 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the officials of the SSB Department, is that on secret information, they along with police personnel apprehended the petitioner near Indo-Nepal border with 18 litres of Nepali Saufi wine. Accordingly, seizurelist was prepared.

Patna High Court Cr.Misc. No.53361 of 2016 (2) dt.22-12-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has been falsely implicated. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, District East Champaran in connection with Ghorasahan P.S. Case No. 319 of 2016.

(Nilu Agrawal, J.) Arjun/- U T