Patna High CourtCR. MISC./26013/2017bail granted

Baijnath Mahto v. The State Of Bihar

2017-07-05Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26013 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Baijnath Mahto Son of Late Rambilash Mahto resident of Village- Uda West, Ward No. 03, P.S.- Udakishunganj, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 11.03.2017 in connection with Udakishunganj P.S. Case No. 38 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during search 16 litres of chulai wine was recovered from a room of house of the petitioner. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It is further submitted

Patna High Court Cr.Misc. No.26013 of 2017 (2) dt.05-07-2017 2/2 that nothing has been recovered from the conscious possession of the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, District Madhepura in connection with Udakishunganj P.S. Case No. 38 of 2017.

(Nilu Agrawal, J.) Arjun/- U T