Rasik Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9569 of 2017 Arising Out of PS.Case No. -168 Year- 2015 Thana -SARSI District- PURNIA ======================================================

1. Rasik Lal Mahto Son of Late- Jageshwar Mahto, Resident of VillageBaraina, P.S.- Sarsi, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 Heard the parties.

This application has been filed in connection with Sarsi P.S.Case No.168 of 2015 for the offence under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of Bihar Excise Act.

Allegation against the petitioner is that 70 ltrs. 'Mahua' liquor have been recovered from the house of the petitioner and some manufacturing articles have also been recovered, however, it has been submitted on behalf of the petitioner that he has clean antecedent and he has remained in custody for about four months. So far as recovery from the house of the petitioner is concerned, it is submitted that it is a joint house.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.9569 of 2017 (2) dt.11-04-2017 2/2 Having heard both sides and in view of the fact that the petitioner has clean antecedent and he has remained in custody for about 4 1⁄2 months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri R.K.Sinha, J.M. Ist class, Purnea in connection with Sarsi P.S.Case No.168 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U