Ghanshyam Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12948 of 2017 Arising Out of PS.Case No. -315 Year- 2016 Thana -VAISHALI District- VAISHALI (HAJIPUR) ====================================================== Ghanshyam Mahto, son of Ramesh Mahto, resident of village Basantpur Patti, P.S. Saraiya, Distt. Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Vaishali P.S. Case No. 315 of 2016 instituted for the offence under Sections 30(A), 32(2) and 41(1) of Bihar Prohibition and Excise Act, 2016. It is alleged that police caught one Magic vehicle on the road breaker near the village Khederpura. On seeing the police party, the driver of the vehicle including two other persons started running away from the said vehicle. The apprehended persons disclosed their names as Birendra Singh and Nageshwar Paswan including the petitioner. It is further alleged that 174 liters of 210 ml. country made liquor has been recovered from the aforesaid Magic vehicle.

The seizure list enclosed with the written report does not bear the signature of the petitioner. Although, it is alleged

Patna High Court Cr.Misc. No.12948 of 2017 (2) dt.22-03-2017 2/2 that he was arrested on the spot. The petitioner is said to be in custody since 6.12.2016.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 315 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T