Santosh Kumar Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25669 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.

Santosh Kumar Mahton S/o Teju Mahto Resident of Sindhua, P.S-Dujdha, District-Bokaro (Jharkhand).

2.

Jugnu Kumar S/o Basant Kora Resident of Village-Jharia Bokaro, P.SDujdha (Dugdha), District-Bokaro (Jharkhand). ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Rajnish Chandra, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2020 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners seek bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

Petitioners are driver and khalasi of the pick up van from which 180 liters of foreign liquor has been recovered. Learned counsel appearing for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the petitioners and they nothing to do with the alleged recovery. Petitioners have got no criminal antecedent and they are in custody since 16.2.2020. Considering the facts of the case, let the petitioners,

Patna High Court CR. MISC. No.25669 of 2020(2) dt.29-09-2020 2/2 above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise Act, Lakhisarai in Suryagarha Police Station Case No. 26 of 2020, on the following conditions:-

(1) Petitioners 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T