Raghunath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80355 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

Raghunath Mahto, aged about 27 years, Male, Son of Late Khublal Mahto, Resident of Village - Parsouni, Ward No. 1, P.S.- Bairgania, District - Sitamarhi.

2.

Ramavtar Mahto @ Avtar Mahto, aged about 29 years, Male, Son of Ram Prasad Mahto, Resident of Village - Parsouni, Ward No. 1, P.S.- Bairgania, District - Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sunil Prasad Singh, Advocate.

For the Opposite Party :

Mr.Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 395.700 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are in custody since 22.09.2019. The petitioners have got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.80355 of 2019(2) dt.06-12-2019 2/2 against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that 395.700 liters wine is recovered from co-accused Gauri Devi. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.- II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Bairgania P.S. Case No. 181 of 2019.

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