Ramu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9982 of 2019 Arising Out of PS. Case No.-445 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== RAMU MAHTO, aged about 40 years, Male, Son of Chandrika Mahto R/o vill- Kuwariya P.S.-Lalganj District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Lalganj P.S. Case No.445 of 2018 registered for the offence punishable under Sections 30(a)/32(2)/41(1) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 1807.56 litres foreign liquor from the house of the petitioner, however, other accused assembled there managed to flee and they were identified by Chowkidar.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that petitioner has no concern with the alleged recovery as he resides in his joint family house. Petitioner has no criminal antecedent and he is in custody since 13.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.9982 of 2019(2) dt.19-02-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Lalganj P.S. Case No.445 of 2018, with following 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.

(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 bond.

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