Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1094 of 2022 Arising Out of PS. Case No.-494 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

JITENDRA MAHTO, Son of Manki Mahto, Resident of Village- Ashapatti Parsauni, P.S.- Sahebganj, District- Muzaffarpur. 2.

Sukhdeo Ram, Son of Late Vigo Ram, Resident of Village- Naya Tola Dostpur, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard Mrs. Vaishnavi Singh, learned counsel for the petitioners and Mr. Ajay Kumar Jha, learned APP for the State. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in connection with Sahebganj P.S. Case No. 494 of 2021 registered under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 08.11.2021, are persons with clean antecedent, charge-sheet has been submitted. It is submitted that petitioner no.2 is 72 years of age and allegation is

Patna High Court CR. MISC. No.1094 of 2022(2) dt.03-03-2022 2/2 of recovery of 15 litres and 10 litres of liquor from the petitioners respectively from the house of petitioner no.1. Learned counsel for the petitioner submits that the house is a joint family property, as such the petitioners were not knowing who had kept the liquor in the house. Learned APP opposes the bail application.

Considering the fact that the petitioners are in custody, are persons with clean antecedent charge-sheet has been submitted, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in connection with Sahebganj P.S. Case No. 494 of 2021. (Satyavrat Verma, J) uday/- U T