Dilip Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50143 of 2023 Arising Out of PS. Case No.-233 Year-2023 Thana- BAISI District- Purnia ====================================================== DILIP MAHALDAR S/O LATE SUMRIT MAHALDAR R/O VILLAGEKHAMELA, WARD NO.- 10, P.O- AWARI, PS.- AMAUR, DIST. PURNIA (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-08-2023 No one appears on behalf of the petitioner and learned APP for the State is present.
The petitioner is in judicial custody in connection with Bayasi P.S. Case No. 233 of 2033 registered under Sections 414, 472 and 473 of the Indian Penal Code and Section 30 (a) 41, and 47 of the Bihar Prohibition and Excise Act, 2018 lodged on 10.06.2023 by the informant, Shashikant Singh. The allegation in the FIR is that the police intercepted a motorcycle and recovered/seized 42 liters of foreign liquor from a bag on the said motorcycle. Accordingly, the FIR. As per the petition, he has been implicated only because he has criminal antecedent of same nature and has already suffered by being in custody since 11.06.2023 (as stated
Patna High Court CR. MISC. No.50143 of 2023(2) dt.16-08-2023 2/3 in paragraph-23 of the petition).
Considering the aforesaid facts as also that ultimately he will have to face the trial, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise -01), Purnia in connection with Bayasi P.S. Case No. 233 of 2023, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every months for next one year to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.50143 of 2023(2) dt.16-08-2023 3/3 cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U