Gopi Mahto @ Gopi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12079 of 2019 Arising Out of PS. Case No.-191 Year-2018 Thana- SONBERSA District- Sitamarhi ====================================================== GOPI MAHTO @ GOPI KUMAR Son of Surendra Mahto Resident of Village- Bhutahi, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Sonbarsa P.S. Case No. 191 of 2018, instituted for the offence under Section(s) 272, 273 of Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act.

It is alleged in the written report that 21.705 liters of foreign liquor has been recovered from joint house of the petitioner.

Counsel for the petitioner submits that petitioner is in custody since 1.2.2019. He further submits that co-accused Surendra Mahto has already been granted bail by coordinate Bench of this Court vide order dated 25.01.2019 passed in Cr. Misc. 3919 of 2019.

Patna High Court CR. MISC. No.12079 of 2019(2) dt.27-02-2019 2/2 Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 A.D.J. II cum Special Judge, Excise Act, Sitamarhi, in connection with Sonbarsa P.S. Case No. 191 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

It is mentioned in paragraph-3 of the bail petition that one Excise case of Sonbarsa P.S. Case No. 214 of 2018 is pending against the petitioner. Petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T