Surendra Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4868 of 2018 Arising Out of PS.Case No. -76 Year- 2017 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Surendra Mahato S/o Nakched Mahto @ Nakched, R/o Village- Nawada, P.S.- Yadopur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, already in custody, seeks bail in connection with Yadopur P. S. Case No. 76 of 2017, registered under Sections 272, 273 and 420 of the Indian Penal Code and Sections 30 (a) (b) and (c) of the Bihar Prohibition and Excise Act, 2016. The allegation is of recovery of 55 liters illicit wine was recovered from the possession of the petitioner. Learned counsel for the petitioner submits that there is no recovery from the possession of the petitioner and he is made accused only on the basis of confessional statement of co-accused, Harun Mahto, who has been granted bail vide order dated 09.11.2017 passed in Cr. Misc. No. 51315 of 2017. It is further

Patna High Court Cr.Misc. No.4868 of 2018 (2) dt.31-01-2018 2/2 submitted that the petitioner has no criminal antecedent. However, the petitioner is in custody since 20.11.2017. Having considered the said facts and circumstances, the petitioner, Surendra Mahto, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Yadopur P.S.Case No. 76 of 2017.

(Arun Kumar, J) Sudha/- U T