Patna High CourtCR. MISC./10333/2018bail granted

Ajay Kumar Mahto @ Ajay Mahto v. The State Of Bihar

2018-02-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10333 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Ajay Kumar Mahto @ Ajay Mahto S/o Etwari Mahto, R/o VillageBihariganj Ward No.5, P.S.- Bihariganj, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dr. Sanjay Kumar Singh, Advocate. For the Opposite Party : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 13.10.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 25 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 25 liters wine is recovered

Patna High Court Cr.Misc. No.10333 of 2018 (2) dt.22-02-2018 2/2 from the Bicycle of the petitioner. The name of the petitioner has come on the basis of alleged recovery from his Bicycle. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, UdaKishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 293 of 2017.

U.K./- (Sudhir Singh, J) U T