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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51382 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Randheer Kumar Mahto @ Randheer Mahto, S/o Lalit Mahto R/V- Basopatti, P.S.- Basopatti, Dist- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Basopatti P.S. Case No. 147 of 2022 registered for the alleged offences under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, the petitioner was apprehended with 72 liters of Nepali country made liquor which he was bringing on a motorcycle from Nepal to India. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.51382 of 2022(2) dt.22-11-2022 2/3 case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. Learned counsel further submits that the name of the petitioner has been dragged in this case merely on suspicion. Charge sheet has been submitted in this case and the petitioner is in custody since 11.07.2022. The petitioner has got clean antecedent.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge Excise Act, Madhubani in connection with Basopatti P.S. Case No. 147 of 2022 ( G.R. No. 1157/2022), subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.51382 of 2022(2) dt.22-11-2022 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T