Patna High CourtCR. MISC./84000/2019bail granted

Gyani Mahto v. The State Of Bihar

2019-12-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84000 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Gyani Mahto, Son of Late Ramfal Mahto, Resident of Village-Ashogi, Ward No. 5, P.S.- Bairgania, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 08.11.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that all three accused persons including the petitioner were apprehended and from their possession, total 138.60 litres of Nepali liquor were recovered. It is specifically alleged that from the possession of the petitioner, 5.7 litres of Nepali liquor were recovered.

It is submitted by learned counsel for the petitioner that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.84000 of 2019(2) dt.18-12-2019 2/2 Learned APP submits that the recovery has been made from the possession of the petitioner.

Considering the fact that investigation has already been concluded and the period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Bairgania P.S. Case No. 266 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T