Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24197 of 2019 Arising Out of PS. Case No.-284 Year-2018 Thana- BALIYA District- Begusarai ====================================================== BHOLA MAHTO S/o Ram Padarath Mahto R/o village- Panhas (Lohiyanagar), P.S.- Town O.P Lohia Nagar, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 01.02.2019 in connection with Balia P.S. Case No. 284 of 2018 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information that huge quantity of liquor is being brought by the petitioner and three named accused persons in the brick kiln of one Gopal Choudhary, the informant conducted a raid and from the truck, bolero car and motorcycle parked near the brick kiln, 550 litres of Indian made foreign liquor was recovered. Accordingly, seizure lists were prepared.

It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.24197 of 2019(2) dt.18-04-2019 2/3 petitioner that he is innocent, not named in the F.I.R., was not present at the place of occurrence and made the accused only on suspicion and because earlier cases under the Excise Act is pending against him. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and he is languishing in judicial custody since more than two months.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and eight more cases for similar allegation is pending against the petitioner.

Considering the nature of allegations and that the petitioner was not apprehended on the spot, let the petitioner above named 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 Sessions Judgecum- Special Judge, Excise Act, Begusarai in connection with Balia P.S. Case No. 284 of 2018, subject to the conditions:-

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned Court

Patna High Court CR. MISC. No.24197 of 2019(2) dt.18-04-2019 3/3 below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) devendra/priyanka U T