Jitendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9016 of 2016 Arising Out of PS.Case No. -162 Year- 2015 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jitendra Mahto Son of Late Bachan Mahto, Resident of Village - Katgharwa, P.S. - Shikarpur, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 414/34 of the I.P.C and section 7 of the E.C. Act.

Allegedly, the petitioner was caught with loaded pickup van with 49 Commercial Gas Cylinders which were for selling in Nepal in black market. The petitioner being driver of the said vehicle stated the names of other accused persons also regarding their involvement in the crime.

Submission is of false implication and that charge sheet has already been submitted and there is no chance of

Patna High Court Cr.Misc. No.9016 of 2016 (2) dt.25-04-2016 2/2 tampering with the prosecution evidence, the petitioner is suffering in custody since 28.12.2015 having no criminal antecedent and as such now he deserves sympathetic consideration, to which the learned A.P.P. does not dispute. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Bettiah, West Champaran in Gopalpur P.S. Case No. 162 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T