Sanju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26098 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- NAURANGIA District- West Champaran ====================================================== 1.

SANJU MAHTO Son of Jainarayan Mahto Resident of Village-Sirisiya, P.SNaurangia, District-West Champaran. 2.

Anil Kumar Son of Shivnath Mahato, Resident of Village-Sirisiya, P.SNaurangia, District-West Champaran. 3.

Savita Devi Wife of Dhramendra Mahto, Resident of Village-Sirisiya, P.SNaurangia, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 01.03.2019 in connection with Naurangia P.S. Case No. 08 of 2019 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case, as lodged by the police personnel, is that during patrolling duty they received information that from the way to forest two men and one woman are carrying illicit liquor, the petitioners were

Patna High Court CR. MISC. No.26098 of 2019(2) dt.08-05-2019 2/3 apprehended and from the possession of petitioner no. 1 four litres, from petitioner no. 2 five litres and from petitioner no. 3 three litres of country-made liquor was recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and are languishing in judicial custody for more than two months charge-sheet having been submitted there being no allegation of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that petitioners do not bear any criminal antecedent, as stated in paragraph 3 of this application, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), West Champaran at Bettiah, in connection with Naurangia P.S. Case No. 08 of 2019, subject to the condition one of the bailors would be a close relative of the petitioners having sufficient

Patna High Court CR. MISC. No.26098 of 2019(2) dt.08-05-2019 3/3 immovable property, who will file an affidavit stating his relationship with the petitioners.

(Nilu Agrawal, J) Rajesh/- U T