Chhote Mahto @ Ramashish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9816 of 2022 Arising Out of PS. Case No.-790 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== CHHOTE MAHTO @ RAMASHISH MAHTO S/O LATE JAGDISH MAHTO Resident of Jagir Mohalla, Ward No. 31, P.S.- Town, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Adv For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 120(B) of IPC and Sections 30(a),32(3) of Bihar Prohibition and Excise Act, 2018. Recovery is of 383.16 liters of Indian made foreign liquor.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case only on the basis of suspicion. He

Patna High Court CR. MISC. No.9816 of 2022(2) dt.15-06-2022 2/3 further submits that it appears from the FIR as well as seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the Pick-Up Van in question and the petitioner has no concern with the alleged recovery and the similarly situated co-accused, namely, Raushan Kumar has been granted bail vide order dated 14.06.2022 in Cr. Misc. No.9656 of 2022 and the petitioner is in custody since 30.12.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Town P.S. Case No.790 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.9816 of 2022(2) dt.15-06-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T