Patna High CourtCR. MISC./36330/2016bail granted

Mahavir Mahto v. The State Of Bihar

2016-08-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36330 of 2016 Arising Out of PS.Case No. -83 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Mahavir Mahto Son of Late Bhuttu Mahto, resident of Village- Birpur, P.S- Hasanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 47(A) of Bihar Excise (Amendment) Act, 2016.

36 bottles of country made liquor containing 400 ml. each bottles and six bottles of Indian made foreign liquor containing 180 ml. each bottles were recovered from the house of the petitioner and it is alleged that petitioner was engaged in selling the liquor even after imposition of ban by the State Government.

Submission on behalf of the petitioner is that the house from which the alleged recovery is said to be made belongs

Patna High Court Cr.Misc. No.36330 of 2016 (2) dt.23-08-2016 2/2 to son of the petitioner and moreover, petitioner being an old man is languishing in jail custody since 06.04.2016 without having any criminal antecedent.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner 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 Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 83 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T