Patna High CourtCR. MISC./36491/2016bail granted

Binod Mahto And ANR v. State Of Bihar And ANR

2016-08-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.36491 of 2016 (2) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36491 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Binod Mahto son of Harilal Mahto resident of village Chanayan Bandh PS Majhauliya District West Champaran

2. Punna Bhagat son of Mohan Bhagat resident of village Paraspakari PS Majhauliya District West Champaran .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 30.08.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under sections 272, 273 of the Indian Penal Code and 47 (a) of the Excise Act. 90 bottles each containing 300 ml. Nepali liquor are said to have been recovered from joint possession of the petitioners while they were coming from Nepal.

Submission on behalf of the petitioners is that nothing was recovered from conscious possession of petitioners and, as a matter of fact, in course of vehicles checking hot exchange of words took place between petitioners and personnels of SSB and thereafter, informant and other personnels of SSB handed over the petitioners to officer-incharge of concerned police station with false allegation. Considering the aforesaid facts and circumstances as well as the period of detention of the petitioners in jail custody, let the

Patna High Court Cr.Misc. No.36491 of 2016 (2) dt.30-08-2016 petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah West Champaran in Sikta P.S. Case no. 37/2016.

shahid (Hemant Kumar Srivastava,J) U T