Nagendra Mahato @ Nagendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15007 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== NAGENDRA MAHATO @ NAGENDRA MAHTO Son of Mahesh Mahato Resident of Village - Usari, P.S.- Basantpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 62 of 2023 dated 08.02.2023 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. .

Recovery is of 266.10 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears form the F.I.R. and the seizure list that nothing has been recovered from the conscious possession of the petitioner rather the alleged

Patna High Court CR. MISC. No.15007 of 2023(2) dt.15-05-2023 2/3 recovery has been made from the Honda city car in question. He further contends that neither the petitioner happens to be driver of the alleged vehicle nor he owns the car in question and he has no concern at all with the alleged recovery and the car in question. He further contends that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 09.02.2023.

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, above named, petitioner 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 Exclusive Special Judge, Excise Court No.2, Siwan in connection with Siwan Muffasil P.S. Case No. 62 of 2023 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 canceled

Patna High Court CR. MISC. No.15007 of 2023(2) dt.15-05-2023 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the 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) brajesh/- U T