Veeru Mahato Alias Biru Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38168 of 2020 Arising Out of PS. Case No.-352 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Veeru Mahato Alias Biru Mahato aged about 27 years Son Of Kailash Mahto Resident Of Village- Pipara, Police Station- Barauli (Madhopur O.P.), District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Lokesh Kumar Singh, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 125 liters of foreign liquor has been recovered from the cattle shed and orchard of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the aforesaid recovery. Charge sheet has already been submitted. He is in custody since 16.6.2020.

Patna High Court CR. MISC. No.38168 of 2020(2) dt.05-02-2021 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II cum Special Judge, Excise Act Gopalganj in Barauli Madhopur OP Police Station Case No. 352 of 2019 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