Sanjeet Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30018 of 2020 Arising Out of PS. Case No.-189 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== Sanjeet Kumar Mahto, Son of Tun Lal Mahto, Resident of Village - Makhachak, Ward No. 6, P.S.- Bakhri, District - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nagendra Kumar Singh, Advocate For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 11.12.2019 passed in Cr. Misc. No.74604 of 2019 with observation that in case the trial of this case is not concluded within a period of six months from the date of framing of charge he would be at liberty to renew his prayer for bail before the court below itself. Since the trial did not conclude within six months from the date of framing of charge, the petitioner moved an application for bail before the court below, which was rejected vide order dated 09.07.2020.

Patna High Court CR. MISC. No.30018 of 2020(2) dt.10-03-2021 2/2 It is contended by learned counsel for the petitioner that out of the eight charge-sheet witnesses, only three have been examined. He further contended that the last witness was examined before the trial court in January, 2020 and since then there is no progress in trial.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. He contended that the petitioner is the owner of pick-up van from which 810 liters of illicit liquor was recovered.

Be that as it may, considering the period undergone by the petitioner in custody and the delay in conclusion of trial, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in connection with Bakhri P.S. Case No.189 of 2019. (Ashwani Kumar Singh, J.) sanjeet/- U T