Patna High CourtCR. MISC./44330/2016bail granted

Shatrudhan Mahto @ Satto @ Sato v. The State Of Bihar

2016-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44330 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -HATHIDAH District- PATNA ====================================================== Shatrudhan Mahto @ Satto @ Sato S/o Anandi Mahto, Resident of Mohalla- Bari Durga Asthan, Rosera, P.S. Rosera, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vinay Kumar Mishra For the Opposite Party : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 47, 49 and 50 of the Bihar Excise Amended Act, 2016. The allegation against the petitioner is that he along with others were found sitting in the vehicle, in the state of intoxication and on being searched the said vehicle, 34 bottles of 750 ml and 46 bottles of 375 ml of Indian made foreign liquor are said to have been recovered from the vehicle and one black colour mobile is also said to have been recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.07.2016. The petitioner has got

Patna High Court Cr.Misc. No.44330 of 2016 (2) dt.17-10-2016 2/2 no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The alleged recovery is denied by the petitioner. There is no compliance of section 100 of the Cr.P.C. The other co-accused has been granted bail vide Cr. Misc. No. 39943 of 2016.

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 the learned Additional Chief Judicial Magistrate, Barh, Patna, in connection with Hatidah P.S. Case No. 49 of 2016.

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