Ajuba Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53877 of 2021 Arising Out of PS. Case No.-367 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AJUBA MAHTO SON OF LATE OM PRAKASH MAHTO RESIDENT OF MOHALLA- BAGHA, WARD NO 24, P.S- TOWN, (LOHIYA NAGAR O.P) DIST- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 22-04-2022 The applicant/accused in Crime No. 367 of 2021 registered with Town Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 by this application is seeking his release on bail during pendency of the trial.

Heard both sides.

The police received secret information that one person is transporting beer on a cart. That is how the cart came to be intercepted and was found to be loaded with 96 litres of beer. The applicant was pulling that cart.

Investigation of the subject crime is over. The applicant is reportedly not having any criminal antecedents. He has undergone pre-trial detention from June 2021.

Patna High Court CR. MISC. No.53877 of 2021(2) dt.22-04-2022 2/3 Therefore, his further pre-trial detention is not warranted and hence, the order:- i. The application is allowed.

ii. The applicant/accused in Crime No. 367 of 2021 registered with Town Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

Patna High Court CR. MISC. No.53877 of 2021(2) dt.22-04-2022 3/3 The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) shahzad/- U T