Bombaiya @ Om Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24803 of 2016 Arising Out of PS.Case No. -194 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Bombaiya @ Om Prakash Mahto, Son of Rajendra Mahto, Resident of Village- Purani Gudari, Bahal Khana Road, Police Station- Town, DIstrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Pronoti Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-272, 273, 307 of the Indian Penal Code and 47(A) of the Excise Act.

Hundred bottles of country-made liquor of 200 ml. 6 bottles of Indian made foreign liquor and some liquid etc. are said to have been recovered from house of the petitioner, for which, the petitioner is languishing in jail custody since 31-03-2016. Learned counsel for the petitioner submits that even if, the aforesaid recovery assumed to be true, then also, the petitioner is first offender and the present case was lodged before

Patna High Court Cr.Misc. No.24803 of 2016 (2) dt.20-06-2016 2/2 amendment in Excise Act.

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 Town P.S. Case No. 194 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur. (Hemant Kumar Srivastava, J) A.K.V./- U T