Binod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30080 of 2020 Arising Out of PS. Case No.-281 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== BINOD MAHTO Son of Late Suman Mahto Resident of Village- Malahi Math, Ward No.-01, P.S. Majorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2020 Heard Mr. Virendra Kumar, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Case No. C2/281 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation as per the First Information Report is that the Police recovered a total quantity of 109.500 litres of illicit Nepali Saufi from possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and at the time of search and seizure, the procedure prescribed

Patna High Court CR. MISC. No.30080 of 2020(2) dt.24-11-2020 2/2 under Section 100 Cr. P.C. has not been followed by the Seizing Authority. Learned counsel further submits that the petitioner has got no criminal antecedent and he is in custody since 07.08.2020.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and he is in custody since 07.08.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds 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 Act, Sitamarhi, in connection with Case No. C2/281 of 2020 subject to the condition that the petitioner shall not commit any offence of similar nature in future.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T