Laddu Kumar Mahato @ Laddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19639 of 2020 Arising Out of PS. Case No.-356 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== LADDU KUMAR MAHATO @ LADDU KUMAR Son of Biresh Mahato Resident of Village- Nayatola, Banjari, P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Sanjana For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Gopalganj P.S. Case No. 356 of 2019, registered for the offence punishable under Section 30, 30(a) of the Bihar Prohibition and Excise Act, 2018. 362.88 litres of liqour is said to have been recovered from Innova car. Co-accused Indal Kumar was apprehended on the spot who disclosed the name of this petitioner as one of the persons, who fled away from the place of occurrence. It is submitted by learned counsel appearing on behalf of petitioner that petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.19639 of 2020(2) dt.19-06-2020 2/3 implicated in this case. Name of this petitioner has come in this case, on the basis of confessional statement of co-accused Indal Kumar. Nothing has been recovered from possession of this petitioner. The petitioner has no concern with the seized liquor. Provision of section 100 Cr.P.C has not been followed. Moreover, co-accused Indal Kumar has been granted bail by a coordinate Bench of this court vide order dated 14.10.2019 passed in Cr. Misc. No. 63169 of 2019. Petitioner is in custody since 22.02.2020.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge Excise Act, Gopalganj in connection with Gopalganj Town P.S. Case No. 356 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.19639 of 2020(2) dt.19-06-2020 3/3 (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T