Bideshi Mukhiya @ Bideshi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27566 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== BIDESHI MUKHIYA @ BIDESHI MAHTO Son of Ramdeven Mahto Resident of Village - Sabalpur, P.S. - Sangrampur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 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 Sangrampur P.S. Case No. 40 of 2020, registered for the offence punishable punishable under Section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

50 litres of Chulai liquor is said to have been recovered from the motorcycle of petitioner. Petitioner was apprehended on the spot.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from

Patna High Court CR. MISC. No.27566 of 2020(2) dt.19-10-2020 2/2 conscious possession of this petitioner. Charge sheet has already been submitted. The provision of section 100 Cr.P.C has not been followed. Petitioner is in custody since 23.02.2020 having clean antecedent as stated in para 3 of the petition. Considering the facts and circumstances of the case, the petitioner above-named, 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 Sessions Judge IXth-cum-Special Judge Excise, East Champaran in connection with Sangrampur P.S. Case No. 40 of 2020, subject to 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