IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14977 of 2008 SATRUDHAN MAHTO @ SATTU MAHTO Versus STATE OF BIHAR ----------- 2 9.5.2008 Heard the counsel for the petitioner and the A.P.P. representing the State. In this case, the petitioner is facing prosecution under Section 308 of the Indian Penal Code and Section 47A of the Excise Act. The allegation against the petitioner is that from his premise some 260 liters of Kacha spirit kept in eight Jerkins were recovered. It is said that the said recovery was made in presence of one Jai Kumar who on being interrogated had revealed that the premises belonged to the petitioner and one Neeraj Choudhary and the same was kept for manufacturing of country made liquor. Counsel for the petitioner submits that it cannot be said that the quantity of 260 liters of Kacha spirit were recovered from the conscious possession of the petitioner and he further submits that the maximum punishment for the offence under Section 47A of the Excise Act is of only three years and the petitioner has remained in custody from 21.1.2008 i.e. for more than three months and as such, he deserves to be released on bail. Counsel for the State however submits that this much has come in the order rejecting bail itself that the 2 person Jai Kumar apprehended at the spot with 260 liters of spirit had revealed that the premises in question and the consignment of 260 liters of spirit belonged to the petitioner but even then there was no statement in the bail application denying this fact. He has also submitted that there is no averment in the bail application by the petitioner that this is his first offence so as to get benefit under the provision of Section 47A of the Excise Act. Keeping all these facts into consideration, this Court is not inclined to grant bail to the petitioner at present unless the petitioner completes a period of five months of judicial custody. Accordingly, it is directed that the petitioner Shatrudhan Mahto @ Sattu Mahto however would be enlarged on bail after completing a period of five months of judicial custody i.e. on or after 21st of June, 2008 in connection with Town P.S. case No. 488/2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur. However, it is made clear that one of the bailers must be either wife or mother of the petitioner. Anand (Mihir Kumar Jha, J.)