Patna High CourtCR. MISC./47840/2016bail granted

Din Bandhu Mahto @ Dinanath @ Denanath v. The State Of Bihar

2016-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45246 of 2016 Arising Out of PS.Case No. -146 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sukhdeo Mahto Son of Late Bhikhan Mahto, Resident of Village- Parewa Bhangar Tola P.S.- Shikarganj District- East Champaran, Motihari .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.47840 of 2016 Arising Out of PS.Case No. -146 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Din Bandhu Mahto @ Dinanath @ Denanath son of Bechan Mahto, resident of village Parewa Dhangar Toli, P.S. Shikarganj, District East Champaran .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.45246 of 2016) For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP (In Cr.Misc. No.47840 of 2016) For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273 of the Indian Penal Code and Sections 47(a), 51 of the Bihar Excise (Amendment) Act, 2016. Allegation is that 2 liters each of country made wine was recovered from the possession of the petitioners.

Patna High Court Cr.Misc. No.45246 of 2016 (2) dt.16-12-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 2 liters each of country made wine is said to have been recovered from the possession of the petitioners. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana, District Motihari/ Additional Chief Judicial Magistrate, Sikrahna at Dhaka, District East Champaran at Motihari in connection with Chiraiya (Shikarganj) P.S. case No.146 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T