Patna High CourtCR. MISC./45065/2017bail granted

Naresh Mahto v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45065 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45065 of 2017 Arising Out of PS.Case No. -294 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ====================================================== Naresh Mahto, Son of Mishri Lal Mahto, Resident of Village - harisinghpur, P.S. Sakra, Dist. Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Sakra P.S. Case No. 294 of 2017, registered for offences punishable under Sections 272 and 273 Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 48 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this and nothing has been recovered from the possession of the petitioner rather the same has been recovered from other co-accused of this case. Further petitioner has no criminal antecedent and has been in judicial custody since 07.08.2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of

Patna High Court Cr.Misc. No.45065 of 2017 (2) dt.15-09-2017 recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge- CumSpecial Judge, Excise Act, Muzaffarpur, in connection with Sakra P.S. Case No. 294 of 2017.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T