IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27719 of 2011
1. Ram Sewak Mistry, son of late Keshar Mistry
2. Birendra Mistry @ Birendra Kumar, son of late Keshar Mistry
Both resident of village - Barka Pankara, P.S. - Dumariya, Distt. - Gaya.
--------- Petitioners.
Versus
The State of Bihar ----Opposite Party
******
For the petitioners : Mr. Kumar Dhirendra Pratap Singh, Adv.
For the State : Mr. Sanjay Kumar Singh, APP
******
03. 18.10.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
The petitioners, apprehending their arrest in
connection with Dumariya P.S. Case No. 19/2011 for
offences under Sections 272/273 of the Indian Penal
Code and under Section 47(A) of the Excise Act, are
named accused in this case with allegation of
manufacturing Mahua wine over the parti land
belonging to them.
Submission is that nothing was being done
over the land of the petitioners which is adjacent south
of place of occurrence as is evident from paragraph six
of the case diary.
It is further submitted that no other specific
details of the place of occurrence is evident from entire
investigation. Learned Additional Public Prosecutor
who is armed with carbon copy of the case diary failed
to refute such submissions.
Considering the facts and circumstances of
the case, in the event of their arrest or surrender within
a period of four weeks, let the above-named petitioners
be enlarged on bail on furnishing bail bond of sum of
Rs. 10,000/- (ten thousand only) each with two sureties
of the like amount each to the satisfaction of S.D.J.M.,
Sherghati, Gaya, in connection with Dumariya P.S.
Case No. 19/2011, subject to condition under section
438(2) of the Code of Criminal Procedure, and
additional condition to attend the court regularly till
disposal of the case, in the event of failure on two
consecutive dates, without any reasonable explanation,
the privilege granted shall be deemed to be cancelled.
Rajeev/- ( Akhilesh Chandra, J.)