Jaiyaki Mahto @ Jaiki Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21202 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== Jaiyaki Mahto @ Jaiki Mahato, Son of Birendra Mahto, Resident of VillageLahladpur, P.S.-Manjhagarh, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Manjhagarh P.S. Case No. 304 of 2018 registered for the offence punishable under Sections 30(a), 38, and 41 of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 146.88 litres of foreign liquor from the agriculture field of petitioner. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery was made from the open maize field of petitioner which is an open place. Petitioner has no criminal antecedent and he is in custody since 19.02.2019. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.21202 of 2019(2) dt.04-04-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Second Additional Sessions Judge cum Special Judge, Excise, Gopalganj, in connection with Manjhagarh P.S. Case No. 304 of 2018, subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) khushbu/- U T