Raj Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40489 of 2020 Arising Out of PS. Case No.-360 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAJ KUMAR MAHTO, SON OF LATE RAMSADAN MAHTO @ RAM LAL MAHTO, RESIDENT OF VILLAGE- KORBADDHA, P.S.- MUFASSIL, DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2021 Heard both parties.
The petitioner seeks bail in Muffasil P.S. Case No. 360/2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. As per prosecution case, 72 litres of foreign liquor has been recovered from the house of petitioner, kept under straw. It is submitted that nothing has been recovered from possession of this petitioner. Charge-sheet has already been submitted. Petitioner has got clean antecedent. He is in custody since 26.08.2020.
Considering the nature of allegation, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.40489 of 2020(2) dt.08-02-2021 2/2 like amount each to the satisfaction of the learned Additional District & Sessions Judge IInd-cum-Special Judge, Samastipur, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) rakhi U T