Patna High CourtCR. MISC./59097/2017bail granted

Ramji Mahto v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59097 of 2017 Arising Out of PS.Case No. -902 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Ramji Mahto S/o Kailash Mahto, R/o Village- Ramgarh, P.S.- Dehri, District- Rohtas, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dehri (Nagar) P.S.Case No. 902 of 2017 instituted for the offence punishable under Sections 30 (a), 34 and 37 (a )( b) of the Bihar Prohibition and Excise Amendment Act, 2016.

The allegation is regarding recovery of 17 liters of illicit Mahua liquor from the orchard of one Chandradeo Mahto. Learned counsel for the petitioner submits that in fact no recovery has been affected from the conscious possession of the petitioner. It is stated that the alleged recovery was made from the orchard which does not belong to the petitioner and the petitioner has a

Patna High Court Cr.Misc. No.59097 of 2017 (2) dt.22-12-2017 2/2 clean antecedent and he is languishing in custody since 09.11.2017.

Considering the nature of accusation, period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, cum- Special Judge, Excise, Rohtas at Sasaram in connection with Dehri (Nagar ) P.S.Case No. 902 of 2017.

(Mohit Kumar Shah, J) Sudha/- U T