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Patna High CourtCR. MISC./27976/2019bail granted

Umesh Mahto v. The State Of Bihar

2019-04-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27976 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== UMESH MAHTO Son of Late Bilash Mahto Resident of Village - Simariya Ghat, Bind Toli, Ward No. 12, P.S.- Chakiya O.P., District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate.

For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Barauni Rail P.S. Case No. 25 of 2019, instituted for the offence under Section(s) 30(ka) of Bihar Prohibition and Excise Act, Section 414 of the Indian Penal Code, Sections 137 and 147 of Indian Railway Act. It is alleged in the written report that 20 pieces of Jharkhand made foreign liquor each containing 200 ml. and five old Mobile phones have been recovered from possession of the petitioner.

Counsel for the petitioner submits that petitioner has been arrested merely on suspicion. There was no Test Identification Parade of recovered Mobile phones. Petitioner is in custody since 5.3.2019 having clean

Patna High Court CR. MISC. No.27976 of 2019(2) dt.30-04-2019 2/2 antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Raj Kishore Rai, learned 2nd Additional Sessions Judge cum Spl. Judge, Excise Act, Begusarai, in connection with Barauni Rail P.S. Case No. 25 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T