Shivnath Mahto And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41508 of 2017 Arising Out of PS.Case No. -198 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shivnath Mahto son of Dhoran Mahto

2. Madan Mahto son of Radheshyam Mahto Both residents of Village - Kauwa Dhongar, P.S. - Raxaul, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through Inspector General, S.S.B., Frontier Head Quarter, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mrs. Shail Kumari, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 Heard the parties. The petitioners seek regular bail in Raxaul P.S. Case No.198 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner is of recovery of 147 liters Nepali liquor.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and having no criminal antecedent he has remained in custody for 2 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the

Patna High Court Cr.Misc. No.41508 of 2017 (2) dt.07-09-2017 2/2 submission of recovery, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to release the petitioner on bail to his satisfaction either after framing charge or on completion of period of four months in custody of the petitioner in this case.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) AnilKrSinha/- U