Patna High CourtCR. MISC./50723/2017bail granted

Prem Mahto v. The State Of Bihar

2017-10-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50723 of 2017 Arising Out of PS.Case No. -356 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Prem Mahto S/o Mishri Mahto D/o Vilage-Sarsar, P.S.-Siwan Muffasil Dist.-Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 26.07.2017 in a case for the offence registered under Sections 272, 273, 308, 420 of the IPC and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on secret information, the police searched the shop of the petitioner and recovered 8.800 liters of country made liquor. The petitioner and other co-accused Mantu Kumar Yadav were caught on the spot. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the

Patna High Court Cr.Misc. No.50723 of 2017 (2) dt.18-10-2017 2/2 witnesses alleged against the petitioner. 8.800 liters of country made liquor is said to have been recovered from the shop of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Siwan, in connection with Siwan Muffasil P.S. Case No. 356/2017.

U.K./- (Sudhir Singh, J) U T