Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21869 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== VIJAY MAHTO S/o Dahaur Mahto Resident of Village- Sita Kunj Dham Punaura (Punaura Pashchimi Ward No. 5), P.S.- Punaura, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramsevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2020 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 learned A.P.P for the State.

The petitioner seeks bail in Bairgania P.S. Case No. 44 of 2020, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. 172.2 litres of Nepali liquor is alleged to have been recovered from a tempo.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner was simply a passenger of that tempo. Nothing has been recovered from conscious possession of this petitioner. Petitioner has no concern with the seized liquor. Petitioner is

Patna High Court CR. MISC. No.21869 of 2020(2) dt.09-07-2020 2/2 neither the owner nor the driver of the said tempo. Charge sheet has already been submitted. Petitioner is in custody since 28.02.2020 having clean antecedent.

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 District and Sessions Judge 2nd-cum-Special Judge Excise Act, Sitamarhi in connection with Bairgania P.S. Case No. 44 of 2020, 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.

(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