Shivnath Mahto @ Shivjee Mahto v. The State Of Bihar
Patna High Court Cr.Misc. No.12718 of 2016 (3) dt.08-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12718 of 2016 Arising Out of PS.Case No. -192 Year- 2002 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Shivnath Mahto @ Shivjee Mahto, Son of Late Bahadur Mahto Resident of Village- Ladha, P.S. Kamtaul, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 202, 217, 218, 221, 120B, 466, 474 of the Indian Penal Code as well as section 47A of the Excise Act.
It would appear from perusal of the first information report that house of one Mathura Singh was raided and in huge quantity county made foreign liquor and ganja were recovered. Petitioner and three others being constable of excise department were made accused. The contention on behalf of the petitioner is that house of Mathura Singh was being used as Mal Khana by the Excise department and after institution of the present case, Excise Commissioner wrote a letter to the District Magistrate giving the aforesaid information and moreover, having more or less similar allegation one co-accused Ram Punit Narayan Ram @ Ram Punit
Patna High Court Cr.Misc. No.12718 of 2016 (3) dt.08-04-2016 Ram has already been granted privilege of bail by a coordinate bench of this court.
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 amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sitamarhi P.S. Case no. 192/2002. shahid (Hemant Kumar Srivastava,J) U T