Mantu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10207 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== Mantu Sah S/O Sonelal Sah R/o village- Mohani Mandal, P.S.- Suppi, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Suppi P.S. Case No. 196 of 2021 registered for the offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 16.11.2021.

The allegation against the petitioner is to run away leaving motorcycle from where 145.500 liters of illicit country made liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that there is nothing on record which may connect the

Patna High Court CR. MISC. No.10207 of 2022(2) dt.13-06-2022 2/3 petitioner with the alleged motorcycle alongwith country made liquor. As regard to involvement in other criminal cases are concerned, it has been submitted that in all three cases, as mentioned in paragraph no.3 of the bail petition, the petitioner is on bail.

Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that recovery cannot be gathered from the conscious physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as the recovery has not been made from the conscious physical possession of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Suppi P.S. Case No. 196 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 District Judge-II-cum-Special Judge, Excise Act, Sitamarhi, subject to the following conditions:

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

Patna High Court CR. MISC. No.10207 of 2022(2) dt.13-06-2022 3/3 Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents.

(iii) 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