Vinod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7007 of 2023 Arising Out of PS. Case No.-117 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== VINOD MAHTO S/O SATYA NARAYAN MAHTO Resident of villageGarbhuwa Lala Tola, P.S.- Sirisiya O.P., District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Abhay Kumar No. 1 App, 246 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-05-2023 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 Chanpatia (Sirisiya O.P.) P.S. Case No. 117 of 2021, registered for the offences punishable under Sections 30(a)/30(b)/30(c) of Bihar Prohibition and Excise Act, 2016. As per allegation, 25 liters of liquor was recovered near canal, which was not in conscious possession of the petitioner.

The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He is under custody since 17.11.2022. He has submitted further that the petitioner is on bail in all the cases, as mentioned in

Patna High Court CR. MISC. No.7007 of 2023(2) dt.08-05-2023 2/2 paragraph no. 3 of the bail petition.

Considering the above-mentioned facts and circumstances as well as period of custody, 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 learned Exclusive Special Judge Excise, Bettiah, West Champaran in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 117 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T