Pragas Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22056 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -PARSAUNI District- SITAMARHI ====================================================== Pragas Mahto, son of Late Janki Mahto, Resident of village- Kora Khargi, P.S. Parsauni, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 272, 273/34 of the Indian Penal Code and Section 47A of the Excise Act.

The prosecution case, in brief, is that on secret information, informant Ratan Kumar Yadav, A.S.I., Parsauni Police Station raided the house of the petitioner in presence of two witnesses and recovered 23 bags of country made liquor, each bag contains 240 pouch and 24 litres 120ML foreign liquor. The petitioner told that his son Lal Babu Mahto and his friend Mukesh Paswan brought the same and he used to sell the same. On query, he did not produce any paper nor replied

Patna High Court Cr.Misc. No.22056 of 2015 (2) dt.14-07-2015 2/2 satisfactorily and so the same was seized in presence of two independent witnesses and the petitioner was arrested. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.2.2015 and charge sheet has been submitted in the case. It is further submitted that the petitioner is 75 years old, has got no criminal antecedents and is a first offender.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Sitamarhi, in connection with Parsauni P.S. Case No.16 of 2015.

(Sudhir Singh, J) PNM U T