Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20019 of 2022 Arising Out of PS. Case No.-359 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== Dilip Mahto Son of Indal Mahato Resident of village - Chhotaki Pacharba, P.S.- Majorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Riga P.S. Case No. 359 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 05.03.2022.

The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 2736 litres of country made Nepali soufi wine.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.20019 of 2022(2) dt.15-07-2022 2/3 submitted that name of the petitioner surfaced on the basis of confessional statement of the co-accused, namely, Pintu Kumar, who has already been granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 28572 of 2021 dated 23.11.2021. It has further been submitted that in furtherance of the said disclosure, nothing recovered from conscious physical possession of the petitioner. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery has not been made from physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Riga P.S. Case No. 359 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees

Patna High Court CR. MISC. No.20019 of 2022(2) dt.15-07-2022 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court I, Sitamarhi, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Ramprit Mahato, who is the brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T