Kedar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68853 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- MANPUR District- Nalanda ====================================================== Kedar Mahto, Son of Late Sadhu Mahto, Resident of Village- Hargawan, Police Station- Manpur, District- Nalanda (Bihar Sharif). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh For the Opposite Party/s :

Mr. Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Manpur P.S. Case No. 135 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Excise (Amendment) Act, 2016.

Informant has alleged recovery of 162 bottles of 750 ml. of country made foreign liquor from the SUMO vehicle which was parked outside the gate of petitioner. Informant has received a confidential information that son of petitioner Pramod Kumar is indulged in the transportation of illegal liquor and upon such information received they have raided the premises of petitioner and from where petitioner and one Dipak Ram was arrested who was said to be driver of the vehicle.

Patna High Court Cr.Misc. No.68853 of 2018(2) dt.03-12-2018 2/2 It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. He has no criminal antecedent and is not concern with either the seized liquor or the vehicle. Petitioner is in custody since 14.09.2018. Considering the aforesaid facts and circumstances of 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 6th Additional District & Sessions Judge cum Special Judge, Excise, Nalanda, (Biharsharif), in connection with Manpur P.S. Case No. 135 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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

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