Patna High CourtCR. MISC./6055/2017bail granted

Ashok Mahton v. The State Of Bihar

2017-03-06Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.6055 of 2017 (2) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6055 of 2017 Arising Out of PS.Case No. -490 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Ashok Mahton, S/o Ram Chatra Mahto @ Ram Charitra Mahto, Resident of Village-Dan Nagar, Ward No. 5, P.S.-Khagaria, District-Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate. For the Opposite Party/s : Mr. Sri Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Khagaria P.S. Case No. 490 of 2016, registered under Sections 270 and 273 of the Indian Penal Code and Section 47, 54 and 57 of the Excise Act.

The accusation is of recovery of 62 bottles, each containing 750 ml, of Indian made foreign liquor to the hut of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion, showing the recovery from the abandoned hut, which is not belonging to this petitioner. It is further submitted that

Patna High Court Cr.Misc. No.6055 of 2017 (2) dt.06-03-2017 petitioner has no criminal antecedent and is in custody since 21.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No. 490 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T