Patna High CourtCR. MISC./33919/2020bail granted

Mahanth Mahto @ Mahanth Mahato v. The State Of Bihar

2021-01-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33919 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== Mahanth Mahto @ Mahanth Mahato Son of Late Jawahir Mahto, Resident of Village - Lala Tola Garabhua, P.S.- Chanpatiya (Sirisiya O.P.), Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Chanpatiya Sirisiya O.P. P.S. Case No. 117 of 2020 registered for offence punishable under section 414 of the Indian Penal Code and sections 30 (a), 30 (b) of the Bihar Prohibition and Excise Act.

It has been alleged that 15 litres of liquor has been recovered from the possession of the petitioner. The petitioner has five criminal cases over his head.

Learned counsel for the petitioner submits that the petitioner is in custody since 31.03.2020.

Looking to the period of custody, let the petitioner

Patna High Court CR. MISC. No.33919 of 2020(2) dt.29-01-2021 2/2 above named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Bettiah, West Champaran in connection with Chanpatiya Sirisiya O.P. P.S. Case No. 117 of 2020, subject to the condition that one of the bailors of the petitioner shall be his close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in the similar type of offence in future, the prosecution will have liberty to make prayer for cancellation of his bail before the court below and the court below will take decision in accordance with law.

After releasing from the jail custody, the petitioner will visit/report to Chanpatiya Sirisiya O.P. Police Station for at least six months and he will report there by 7th of each month, failing which, the bail granted to the petitioner will be treated to have been withdrawn.