Lala Mahto @ Ram Bilash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8250 of 2022 Arising Out of PS. Case No.-23 Year-2021 Thana- KALUAHI District- Madhubani ====================================================== Lala Mahto @ Ram Bilash Mahto S/O Babuji Mahto R/o village and P.S.- Kaluahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Kaluahi P.S. Case No. 23 of 2021 corresponding to G.R. 379 of 2021 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The petitioner is named in the F.I.R. and is in custody since 24.12.2021.

The accusation against the petitioner is to have in illicit possession of 90 liters of Nepali wine, which said to be recovered from the courtyard of the petitioner. Learned counsel appearing on behalf of the petitioner submitted that no incriminating article has been recovered from

Patna High Court CR. MISC. No.8250 of 2022(2) dt.06-06-2022 2/3 the conscious possession of the petitioner. It is submitted that chargesheet has been submitted in this case as such there is no chance of tampering with the evidence. It is further submitted that accused petitioner is a man of clean antecedent. Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that no incriminating article has been recovered from the conscious possession of the petitioner.

Considering the facts and submissions as made above, as recovery is not from conscious possession coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kaluahi P.S. Case No. 23 of 2021 corresponding to G.R. No. 379 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence till conclusion of trial, failing which the State shall be at liberty to move before the Trial

Patna High Court CR. MISC. No.8250 of 2022(2) dt.06-06-2022 3/3 Court itself for the cancellation of bail of the petitioner.

(ii) That one of the bailors shall be the close relative of the accused/petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T