Sanjit Mahto @ Sanjiv Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17368 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== SANJIT MAHTO @ SANJIV MAHTO Son of Shankar Mahto Resident of Village - Shamho Bijulia, Ward No.- 13, P.S.- Shamho in the district of Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rail Kiul P.S. Case No. 05 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Recovery is of 34.500 liters of illegal foreign liquor and one mobile phone.

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 from the FIR as well as the seizure list that nothing has been recovered from the conscious possession of the petitioner rather the alleged

Patna High Court CR. MISC. No.17368 of 2022(2) dt.20-07-2022 2/3 recovery has been made from the plastic bag near booking counter of Lakhisarai Kiul Railway Station and the petitioner has no concern at all with the alleged recovery. He further submits that police, after investigation, submitted chargesheet against the petitioner. The petitioner is rotting in judicial custody since 26.01.2022.

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 Court below where the case is pending in connection with Rail Kiul P.S. Case No. 05 of 2022 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 by the Court below.

(2) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.17368 of 2022(2) dt.20-07-2022 3/3 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) aditi/braj U T