Nageshwar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60735 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Nageshwar Mahto Son of Late Ganga Mahto R/V- Village- Banshipur Chandra Tola, P.S.- Medni Chowki, Distt.- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-09-2024 Heard the parties.
2. The petitioner is in custody in connection with Medni Chowki P.S. Case No. 80 of 2024 for the offence punishable under Sections 30 (a) and 32 of the Bihar Prohibition and Excise Amendment Act lodged on 13.04.2024 by the informant, Shivshankar Mandal.
3. As per the prosecution story, the informant alleged that upon secret information, a motorcycle was intercepted and 5 liters of country made mahua was recovered/seized. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that being the owner of the motorcycle, has been implicated which led to his custody since 25.06.2024 (paragraph-11 of the petition).
Patna High Court CR. MISC. No.60735 of 2024(2) dt.20-09-2024 2/3
5. Learned APP opposes the prayer for bail.
6. Taking into account the submission as also the recovery and the petitioner has remained in custody since 25.06.2024, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-V-cum-Special Excise Court No. 2nd, in connection with Medni Chowki P.S. Case No. 80 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative 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 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.60735 of 2024(2) dt.20-09-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the 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 his bail bonds. (Rajiv Roy, J) Adnan/- U T