Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35608 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- ISUAPUR District- Saran ====================================================== SANJAY MAHTO Son of Laxaman Mahto Resident of Village - Dhama, P.S. - Isuapur, District - Saran ... Petitioner

Versus

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

For the Petitioner :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party :

Smt. Veena Rani Pd. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

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

66.520 liters of foreign liquor is alleged to have been recovered along with Alto Car from the maize field behind the house of the petitioner.

Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he has nothing to do with the alleged recovery which has been made from open field. Petitioner is in custody since 4.7.2020.

Patna High Court CR. MISC. No.35608 of 2020(2) dt.23-12-2020 2/2 Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise Act Saran in Isuapur Police Station Case No. 37/2020, on the following conditions:-

(1) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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