Rakesh Mahto @ Dhanna Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36747 of 2019 Arising Out of PS. Case No.-575 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== RAKESH MAHTO @ DHANNA SETH, aged about 35 years, Male, Son of Mishri Lal Mahto, Resident of Village- Lautan @ Harsinghpur, P.S.- Sakra, District- Muzaffarpur ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anish Chandra, Adv.

For the Opposite Party :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-06-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 23.04.2019 in connection with Sakra P.S. Case No. 575 of 2018 for the offence alleged under Sections 272 and 273 of the Indian Penal Code and under Sections 30(a), 35(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that a truck in which one Rakesh Mahto, son of Maheshwar Mahto, and the petitioner were present, huge quantity of illicit liquor is being carried, the police intercepted the truck, the driver and the khalasi (cleaner) managed to flee away and from the truck and 4449.600 liters of illicit liquor was recovered. Accordingly, a seizure list was prepared.

Patna High Court CR. MISC. No.36747 of 2019(2) dt.18-06-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and only on suspicion, the name of the petitioner has been taken. He was not apprehended on the spot and the illicit liquor does not belong to him nor he was carrying the said illicit liquor trade. It has, further, been submitted that the petitioner does not bear any criminal antecedent and is languishing in judicial custody since nearly two months.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record as well as the fact that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the bail application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sakra P.S. Case No. 575 of 2018 to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, or the successor Court, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file

Patna High Court CR. MISC. No.36747 of 2019(2) dt.18-06-2019 3/3 an affidavit stating his relationship with the petitioner. (ii) Petitioner will appear before the learned Court 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.

(Nilu Agrawal, J) Shamshad/- U