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Patna High CourtCR. MISC./7132/2019bail granted

Chhaila Kumar @ Sattan Mahto v. The State Of Bihar

2019-02-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7132 of 2019 Arising Out of PS. Case No.-137 Year-2018 Thana- BASANHI District- Saharsa ====================================================== CHHAILA KUMAR @ SATTAN MAHTO, Son of Late Upendra Mandal @ Upendra Mahto, Resident of Village - Bindtoli, P.S.- Sonbarsa Raj (O.P. Kash Nagar), District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Basnahi P.S. Case No.137 of 2018 (Special [Excise] Case No.685 of 2018) instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that 36 litres illicit Mahua liquor has been recovered from the motorcycle on which petitioner was found riding.

Counsel for the petitioner submits that Petitioner is in custody since 31.12.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner,

Patna High Court Cr.Misc. No.7132 of 2019(2) dt.07-02-2019 2/2 above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Saharsa, in connection with Basnahi P.S. Case No.137 of 2018 (Special [Excise] Case No.685 of 2018), subject to the condition that both the bailors shall be close relative of the petitioner.

It appears from para 3 that other cases under the Excise Act is pending against the petitioner. The petitioner will file Affidavit at the time of filing bail bond that he will not indulge in such activities in future, otherwise, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) J. Alam/- U T