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Patna High CourtCR. MISC./63081/2017bail granted

Manoj Kumar Mahto v. The State Of Bihar

2018-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63081 of 2017 Arising Out of PS.Case No. -672 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Manoj Kumar Mahto, Son of Bihari Lal Mahto, Residet of villageNakkipur, P.S.- Korha, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Katihar Town (Sahayak) P.S. Case No. 672 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 72 liters of illicit liquor from the Auto Rickshaw being driven by the petitioner. The learned counsel for the petitioner submits that Auto Rickshaw was hired by the co-accused person and in fact the liquor which has been recovered, belongs to the said co-accused person and the petitioner has got nothing to do with the same and

Patna High Court Cr.Misc. No.63081 of 2017 (2) dt.17-01-2018 2/2 he has a clean antecedent. It is submitted that the petitioner is in custody since 14.09.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Katihar in connection with Katihar Town (Sahayak) P.S. Case No. 672 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T