Bhola Mahto @ Bhola Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12219 of 2019 Arising Out of PS. Case No.-79 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Bhola Mahto @ Bhola Tanti S/o Ram Padarath Mahto @Ram Padarath R/o Village- Panhas, P.S.- Begusarai Town, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Begusarai Muffasil PS case no. 79 of 2018 registered for the offence punishable under Section 30(a) of Bihar Excise and Prohibition Act, 2016 and 420 of Indian Penal Code. The allegation is regarding the police having received secret information that illicit liquor was being unloaded, whereupon a raid was conducted and huge quantity of illicit liquor was recovered, however the accused persons managed to flee away and subsequently, it transpired that petitioner is one of the persons who were engaged in the trade of illicit liquor.

Patna High Court CR. MISC. No.12219 of 2019(2) dt.27-02-2019 2/3 The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case on account of being accused in four other cases. It is further submitted that out of the said four cases, the petitioner is on bail in three cases. Lastly, it is submitted that the petitioner is ready to abide by whatever conditions, as is deemed fit and proper to be imposed on him, for the purposes of grant of regular bail. The petitioner is said to have languishing in custody since 07.12.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act in connection with Begusarai Muffasil PS case no. 79 of 2018. It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10.30 am on every Monday and in case of failure to do so on two

Patna High Court CR. MISC. No.12219 of 2019(2) dt.27-02-2019 3/3 consecutive occasions, the present privilege of bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) rinkee/- U T