Mohan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35994 of 2017 Arising Out of PS. Case No.-22 Year-2017 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Mohan Mahto, Son of Maya Mahto, R/o Laxmipur, P.S.- Purushottampur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. SRI NIRMAL KUMAR SINHA ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Section 30(a) /38 of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 5 litres 400 ml. Nepali Saufi wine were recovered. It is contended that petitioner was not apprehended on the spot rather he was implicated on the basis of the disclosure made by the Chaukidar. Petitioner is in custody since 29.05.2017.

Having regard to the facts and the circumstances of

Patna High Court Cr.Misc. No.35994 of 2017(2) dt.10-08-2017 2/3 the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Bettiah, West Champaran in connection with Purushottampur P.S. Case No. 22/2017.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Betah, West Champaran within fifteen daes of his release with a cope of this order and evere two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period be the Superintendent of Police concerned and if it is found wanting in ane respect, a report shall be made to the court concerned be him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed be the petitioner before the court concerned which should be granted

Patna High Court Cr.Misc. No.35994 of 2017(2) dt.10-08-2017 3/3 be the Superintendent of Police upon his appearance. (Dr. Ravi Ranjan, J) Sanjay/- U T