Ramanand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51263 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== RAMANAND MAHTO SON OF LAL BAHADUR MAHTO R/O VILLAGE- PAPRAUR, P.S.- BARAUNI, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barauni P.S. Case No. 179 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 40 liters toddy from the place of occurrence and the petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 25.04.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in

Patna High Court CR. MISC. No.51263 of 2022(2) dt.30-09-2022 2/3 the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession or personal possession of the petitioner. Petitioner has no concern with the recovered toddy and he has no concern with the same. Learned counsel further submits that the real matter is that in the meantime when the petitioner was waiting for bus police personnel came there and said the petitioner to sign on black paper, which was denied by the petitioner and due to this, hot talk done between the police and petitioner, resulting into false implication of the petitioner in the present case. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.51263 of 2022(2) dt.30-09-2022 3/3 Exclusive Excise Court - I, Begusarai in connection with Barauni P.S. Case No. 179 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T