Patna High CourtCR. MISC./507/2020bail granted

Binod Mahto v. The State Of Bihar

2020-02-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.507 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== BINOD MAHTO Son of Bhola Mahto Resident of Village - Chakiya Fatehpur, P.S.- Vaishali, Distt.- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bharat Bhushan For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2020 Heard the parties.

The petitioner seeks regular bail in connection with Choutham Ps Case No.87 of 2019 dated 17.4.2019 arising out of G.r.No.984 of 2019 registered for offences punishable under Section 30(a) of the Bihar Prohibition Act, 2016. As per FIR, a tank lorry was seized by the police party and the GPS system was also damaged and 20000 ltrs. of spirit was found in the tanker lorry. Petitioner happens to be driver of the tanker lorry.

Submission of the learned counsel for the petitioner is that as a matter of fact petitioner had brought the tanker lorry of HPCL for unloading of the same but there was time so he had gone to his house and when he returned the lorry was found

Patna High Court CR. MISC. No.507 of 2020(3) dt.20-02-2020 2/2 missing and it appears that some miscreants have taken it away and as such the petitioner has falsely been implicated in this case. He is in custody for more than two months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 2nd cum Special Judge, Excise, Khagaria in connection with Choutham P.S.Case No.87 of 2019 dated 17.4.2019 arising out of G.R.No.984 of 2019 with condition to co-operate in the investigation of the investigation, if pending. With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T