Patna High CourtCR. MISC./1981/2019bail granted

Rajendra Mahto v. The State Of Bihar

2019-01-15Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1981 of 2019 Arising Out of PS. Case No.-690 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Rajendra Mahto, son of Baldev Mahto, resident of Village- Sankar Saraiya, P.S. Turakualiya, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar, Adv.

For the Respondent/s :

Mr.Sri Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Turakaualiya P.S. Case No. 690 of 2018 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 21 liters of country made liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. Nothing was recovered from conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.1981 of 2019(2) dt.15-01-2019 2/2 16.10.2018.

Considering the aforesaid fact 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 Special Judge Excise Judge, East Champaran at Motihari, in connection with Turakaualiya P.S. Case No. 690 of 2018, subject to conditions:

(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 bonds.

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