Amardeep Mahato @ Amardip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5933 of 2022 Arising Out of PS. Case No.-8 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== AMARDEEP MAHATO @ AMARDIP MAHTO SON OF SRICHAN MAHATO RESIDENT OF VILLAGE- PHULHAR, P.X.- HARLAKHI, DISTRICT- MADHUBANI ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the stamp reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Harlakhi P.S. Case No. 08 of 2021, registered for the offences punishable under Section 272, 273 of the Indian Penal Code and Section 30 (A) of Bihar Prohibition and Excise Act, 2018. As per allegation, co-accused Chauthi Sada was apprehended with a motorcycle where from 300 bottles of illicit liquor were recovered.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedents. He was not

Patna High Court CR. MISC. No.5933 of 2022(2) dt.25-05-2022 2/2 apprehended at the spot. He is only owner of that motorcycle and his name has been figured in the confessional statement of co-accused. He is under custody since 23.12.2021.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, 2nd cum Special Judge Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 08 of 2021, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T