Patna High CourtCR. MISC./26473/2021allowed

Ranjit Mahto v. The State Of Bihar

2021-07-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26473 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== RANJIT MAHTO Son of Kamlesh Mahto Resident of Village - Raipur Kauria, P.S.- Nanpur, Distt.- Sitamarhi, Pin Code- 843326 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section under Section 30/30(a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 61.575 liters of foreign liquor was recovered from behind the house of the petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession or house of the petitioner and recovery is made from an open place. Petitioner is in custody since 18.01.2021.

Learned counsel appearing for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.26473 of 2021(2) dt.30-07-2021 2/2 Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-II-cum- Special Judge, Excise Act, Sitamarhi in connection with Nanpur PS case No. 112/2020 on 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 cancelled 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.

(Prabhat Kumar Singh, J) BKS/- U T