Shiv Jee Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21187 of 2022 Arising Out of PS. Case No.-8 Year-2020 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== SHIV JEE MAHTO SON OF LATE BHOJ MAHTO R/O- VILLAGERAUJA GAUD, P.S.- G.B. NAGAR, DISTRICT-SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.B. Nagar P.S. Case No. 08 of 2020 registered for the offences punishable under Sections 30(a), 34, 36, 38, 41(i) of Bihar Prohibition and Excise Act.

As per prosecution case, 55 litres illicit Mahua wine was recovered from bamboo clump near Brahmsthan. As per seizure list when query was made regarding the recovered material, people of nearby disclosed the name of petitioner along with other co-accused.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.21187 of 2022(2) dt.09-06-2022 2/3 petitioner is in custody since 11.02.2022 and bears criminal antecedent of six cases and except two cases, he is on bail. He further submits that petitioner has been dragged in this case merely on suspicion. Nothing has been recovered from the possession of the petitioner and the alleged recovery is made from bamboo clump to which petitioner does not have any concern.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1, Siwan in connection with G.B. Nagar P.S. Case No. 08 of 2020, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No.21187 of 2022(2) dt.09-06-2022 3/3 remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) 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.

(Alok Kumar Pandey, J) shahzad/- U T