Ashok Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8848 of 2020 Arising out of PS. Case No.-132 Year-2019 Thana- PUSA District- Samastipur ====================================================== ASHOK KUMAR MAHTO S/o Late Sone Lal Mahto R/o villageNarayanpur, P.S.- Pusa, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Witness :
Ms. Aprajita, Advocate For the Opposite Party/s :
Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 The petitioner seeks regular bail in connection with Pusa P.S. Case No. 132 of 2019, registered for offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Allegation is of recovery of 42.480 litres of foreign liquor from the house of the petitioner.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and in fact there is no recovery from the possession of the petitioner and he has been in judicial custody since 24.12.2019 and charge-sheet has been submitted, therefore, there is no chance of tampering with the evidence.
Heard learned A.P.P. who has opposed the prayer for
Patna High Court CR. MISC. No.8848 of 2020(2) dt.28-02-2020 2/2 bail. Learned counsel for one of the witnesses is appearing and submitting that the petitioner is threatening the witness. Having heard both sides, in view of the above submissions, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Samastipur in connection with Pusa P.S. Case No. 132 of 2019 subject to the condition that he will not threaten the witnesses of this case, if he does so, the witnesses of this case may report to the Court concerned to initiate a proceeding for cancellation of bail.
(Vinod Kumar Sinha, J) Vikash/- U T