Shyam Nandan Mahto @ Shyama Nand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77054 of 2018 Arising Out of PS. Case No.-321 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== Shyam Nandan Mahto @ Shyama Nand Mahto, S/o Late Ram Ekbal Mahto @ Ram Balak Mahto, Resident of Village- Rauza Pokhara, P.S. Chapara Town, District Saran at Chapara.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Revilganj P.S. Case No. 321 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code read with Sections 30(a)/38 of the Bihar Prohibition and Excise Act.

Allegation against petitioner and co-accused is of recovery of 50 litres of country made liquor from their possession.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 13.10.2018.

Patna High Court Cr.Misc. No.77054 of 2018(2) dt.21-12-2018 2/2 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 Addl. District and Session Judge, Saran at Chapra, in connection with Revilganj P.S. Case No. 321 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) veena/- U T