Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74490 of 2018 Arising Out of PS. Case No.-169 Year-2018 Thana- DIDARGANJ District- Patna ====================================================== Rakesh Mahto son of Jugnu Mahto, Resident of Mohalla- Hanuman Nagar, Police Station- Patrakar Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar For the Opposite Party/s :

Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Didarganj P.S. Case No. 169 of 2018 registered for the offence punishable under Sections 37(c), 38(1) of the Bihar Prohibition and Excise Act, 2016. and later on Section 30(a) of the Bihar Prohibition and Excise Act, 2016 was added.

Allegation is of recovery of 5 litres of foreign liquor and 40 litres of country made liquor from the joint possession of petitioner and other co-accused persons.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 26.11.2018 in Criminal Miscellaneous No. 65916 of 2018

Patna High Court Cr.Misc. No.74490 of 2018(3) dt.18-12-2018 2/2 and 02.11.2018 in Criminal Miscellaneous No. 66697 of 2018. Petitioner has got no criminal antecedent and is in custody since 22.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Didarganj P.S. Case No. 169 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) 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. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U