Rabindra Kumar Mahto @ Rabindra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58971 of 2018 Arising Out of PS. Case No.-407 Year-2017 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rabindra Kumar Mahto @ Rabindra Mahto S/o Hiraman Mahto, R/o Vill.- Sareya , Ward No. 1, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 The petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 407 of 2017, registered for offences punishable under Sections 147, 148, 149, 353, 307, 308, 420 of the Indian Penal Code and Section 30(a) / 41(i) of Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. is that police on information reached a place where 15-20 persons were uploading liquor from a truck and three persons were arrested from the spot and some others were succeeded in fleeing away. Petitioner is not named in the F.I.R.

Submission of learned counsel for the petitioner is that he is not named in the F.I.R. and has falsely been implicated in this case only on the basis of confessional statement of co-

Patna High Court Cr.Misc. No.58971 of 2018(4) dt.04-12-2018 2/2 accused persons. Further submission is that other co-accused persons have already been granted bail by different Coordinate Benches of this Court vide order dated 14.12.2017 passed in Cr. Misc. No. 60718 of 2017 and vide order dated 13.02.2018 passed in Cr. Misc. No.7144 of 2018 and the petitioner is in judicial custody for about 4 months.

Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner stating that 2737 liters of liquor has been recovered.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II, Gopalganj, in connection with Gopalganj Town P.S. Case No. 407 of 2017, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) chn/Amjad/- U T