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Patna High CourtCR. MISC./6926/2017allowed

Mukesh Mahto v. The State Of Bihar

2017-02-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6926 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictDARBHANGA ====================================================== Mukesh Mahto, Son of Sri Asharfi Mahto, resident of Village- Baigani, Police Station- Bahera, District- Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S. Ashok Kumar Prasad and Prabhas Ranjan, Advocates.

For the Opposite Party : Mr. Rajendra Nath Jha, A.P.P.46. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with G.O. Case No. 13 of 2016 for the offences instituted under Sections 47(a) of the Bihar Excise Act.

The prosecution story, in brief, is that 08 liters country made liquor and 2.600 Ml. Beer were recovered from the toddy shop of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. 08 liters country made

Patna High Court Cr.Misc. No.6926 of 2017 (2) dt.13-02-2017 2/2 liquor and 2.600 Ml. Beer are said to have been recovered from the toddy shop of the petitioner. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with G.O. Case No. 13/2016, T.R. No. 662/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipur, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T