Patna High CourtCR. MISC./77673/2018bail granted

Shambhu Mahto v. The State Of Bihar

2019-01-02Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77673 of 2018 Arising Out of PS. Case No.-257 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== Shambhu Mahto S/o Kishun Mahto, R/o Vill.- Khilhi, P.S.- Laukaha, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Laukaha P.S. Case No. 257 of 2018 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 1.200 litres of Nepali liquor from dickey of the motorcycle. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is in custody since 30.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail

Patna High Court Cr.Misc. No.77673 of 2018(2) dt.02-01-2019 2/2 upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge Excise, Madhubani, in connection with Laukaha P.S. Case No. 257 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