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Patna High CourtCR. MISC./12873/2016bail granted

Mahendra Uron And ANR v. The State Of Bihar

2016-03-31Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12873 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================

1. Mahendra Uron, Son of Jahru Uron, resident of Village- Amari Kukron, Uraon Tola, P.S. Dhamdaha, District- Purnea.

2. Rajeev Kumar Mehta @ Rajiv Kumar Mehta, Son of Late Krishnadeo Mehta, resident of Village- Damgara, P.S.- Dhamdaha, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Uday Singh For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47 A of the Excise Act.

Petitioners are said to be manufacturing country made liquor in their houses and after raid apparatus, which are being used in manufacturing the country made liquor as well as 520 litres country made liquor, were recovered from the house of petitioner no. 1 and so far as petitioner no. 2 is concerned, he was also caught on the spot along with petitioner no. 1. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.12873 of 2016 (2) dt.31-03-2016 2/2 petitioners are in jail custody since 05.02.2016 and they do not have any criminal antecedent and even if the prosecution story assumed to be true, then also, petitioners appear to be first offender and they have sufficiently been punished by remaining in jail custody for near about more than one month. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri L.B. Paswan, Judicial Magistrate 1st Class, Purnea in connection with Dhamdaha P.S. Case No. 30 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T