Ram Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36208 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

RAM BABU MAHTO Son of Late Raja Mahto Resident of Village - Gulmahiya Chak, P.S.- Nadi, Dist.- Patna.

2.

Birendra Kumar @ Dhirendra Kumar Son of Late Sakaldeo Ray Resident of Village - Gulmahiya Chak, P.S.- Nadi, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Spl. Case no. 4002 of 2019 arising out of prosecution report Case No.37 of 2019 instituted for the offence under Section(s) 30(a) and 32(3) of the Bihar Excise Amendment Act, 2016.

It is alleged that total 100 litres of country made liquor has been recovered from joint possession of these petitioners.

Petitioners are in custody since 21.4.2019.

Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.36208 of 2019(3) dt.28-06-2019 2/2 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Spl Judge Excise, Patna in connection with spl. Case no. 4002 of 2019 arising out of prosecution report Case No.37 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioners. It is mentioned in para 3 of bail petition that petitioner no.2 has no criminal antecedent whereas petitioner no.1 is accused in another case under the Excise Act. The petitioner no.1 will file affidavit at the time of filing bail bond that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond in instant case will liable to be cancelled.

(Sanjay Priya, J) shyambihari/- U T