Chhathu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37393 of 2016 Arising Out of PS.Case No. -128 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chhathu Mahto, Son of Late Garib Mahto, Resident of Village- Dhangar Toli, Ram Nagar, P.S- Ram Nagar, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-47 of the Excise Act.

Ten litres semi-prepared country-made liquor, kept in a Dabba, is said to have been recovered from house of the petitioner but according to prosecution case itself, he was not caught on the spot.

Submission on behalf of petitioner is that earlier one case of Excise Act had been lodged against the petitioner in the year, 2006 and when the new Excise Amendment Act came into force, the police roped the petitioner in a false case with an object

Patna High Court Cr.Misc. No.37393 of 2016 (2) dt.08-09-2016 2/2 to show their performance in recovery of illegal liquor. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ram Nagar P.S. Case No. 128 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha, District-West Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T