Sikandar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4628 of 2019 Arising Out of PS. Case No.-70 Year-2018 Thana- NTPC District- Patna ====================================================== Sikandar Mahto, aged about 28 years, S.o Late Maheshwar Mahto, Resident of Raili bind Toli, P.S. N.T.P.C., District - Patna ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kritu Verma, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with N.T.P.C. P.S. Case No. 70 of 2018, Special Case No. 9753 of 2018, registered for the offences punishable under Sections 30(a) and 37 (b) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 20 liters of liquor from the possession of the petitioner and also petitioner was found in drunken state at that time.

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. No incriminating article recovered from the possession of the petitioner. Petitioner has

Patna High Court Cr.Misc. No.4628 of 2019(2) dt.31-01-2019 2/2 no criminal antecedent and is in custody since 11.10.2018. Considering the aforesaid fact 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 Special Judge, Excise, Patna, in connection with N.T.P.C. P.S. Case No. 70 of 2018, arising out of Special Case No. 9753 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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T