Shyam Babu Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.44735 of 2016 (2) dt.19-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44735 of 2016 Arising Out of PS.Case No. -154 Year- 2015 Thana -RIVILGANJ District- SARAN ======================================================

1. Shyam Babu Mahto son of Late Sudarshan Mahto resident of VillageNewaji Tola Bintoli, PS.-Rivilgang, District Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.10.2016 Supplementary affidavit is filed on behalf of the petitioner bringing this fact on the record that after institution of the present case, petitioner was made accused in Revilganj P.S. Case no. 173/2015 for the offence punishable under section 47(a) of the Excise Act.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

No doubt, petitioner is named in the first information report but first information report goes to show that neither he was caught on the spot nor anything was recovered from his conscious possession rather the name of the petitioner was disclosed by those persons who had assembled on the place of occurrence at the time of alleged raid. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.44735 of 2016 (2) dt.19-10-2016 amount each to the satisfaction of the Addl. Chief Judicial Magistrate VIII, Saran at Chapra in Revilganj P.S. Case no. 154/2015. shahid (Hemant Kumar Srivastava,J) U T