Upendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6120 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Upendra Mahto, aged about 50 years, (Male) son of Late Saryug Mahto, Resident of Village - Bihariganj, Ward No.14, P.S. Bihariganj, DistrictMadhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Bihariganj P.S. Case No. 165 of 2018 registered for the offences punishable under Sections 7(1)(a)(i) (ii) of the Essential Commodities Act and Section 15(3)(1) of Decentravition Seed control Order, 1983.
Informant who is Sub-Divisional Agriculture Officer, Madhepura along with inspection team on secret information raided the house of petitioner, he recovered 41 packets each packet containing 3 kg. paddy seed of Ariza-6444 Gold Shankar of Byre Company, 75 packets blank wrapper and machine for sealing the packets have been recovered and when
Patna High Court CR. MISC. No.6120 of 2019(3) dt.05-03-2019 2/3 the original packet has been tallied or compared with the recovered packets, recovered packets appeared to be doubtful. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The alleged seizure was done in absence of the petitioner. Petitioner has no criminal antecedent and is in custody since 25.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 165 of 2018,subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court CR. MISC. No.6120 of 2019(3) dt.05-03-2019 3/3 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T