Saroj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54986 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Saroj Mahto S/o Ramji Mahto, Resident of Village- Bakhariya Dhangad Toli, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Smt. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 30 (a) and 36 of Bihar Excise Amendment Act, 2016.

It is contended that, as per allegation, 6.500 liters of country made liquor and 10 quintals of Mahua flower were recovered from the place of occurrence. It is contended that on the basis of disclosure made by the co-villagers, the name of the petitioner has come in this case. The petitioner was not arrested from the spot. Nothing has been recovered from his possession. It is urged that the petitioner is in custody since 9.04.2018. It is stated in paragraph 3 of the bail petition that

Patna High Court Cr.Misc. No.54986 of 2018(2) dt.06-10-2018 2/3 the petitioner is also involved in two other similar nature of cases.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Bettiah, West Champaran in connection with Majhaulia P.S. Case No.20 of 2018 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Bettiah, West Chaparan within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the

Patna High Court Cr.Misc. No.54986 of 2018(2) dt.06-10-2018 3/3 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T