Ramchandra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70095 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== Ramchandra Mahto Son of Rambriksh Mahto Resident of Village - Banauli, P.S.- Sursand, District - Sitamarhi.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-05-2022 Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and learned APP for the State. The petitioner in judicial custody in connection with Sursand P.S. Case No. 19 of 2021 registered under section 30(a) of the Biihar Prohibition & Excise Act, 2016. As per the prosecution story, while the police party was on patrolling duty they got secret information that wine smugglers are approaching at that place. Later, they saw three persons coming from the other side. When they tried to intercept them, it is alleged that two of them successfully escaped but one Jaikaran Baitha was apprehended who disclosed the name of other two persons as Ravi Singh and Ramchandra Mahto (the petitioner herein). On search, altogether 108.00 litres of Nepali Saufi Wine was recovered/seized. Accordingly, the said Jaikaran
Patna High Court CR. MISC. No.70095 of 2021(2) dt.24-05-2022 2/3 Baitha was taken into custody and later the petitioner was also apprehended and he is in jail since 22.9.2021 (as stated in para13 of the bail application). Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession and he has falsely been implicated in this case only because he has criminal antecedent as also his named was disclosed by the apprehended person before the police.
Considering the aforesaid facts that nothing has been recovered from the conscious possession of the petitioner, is in jail since 22.9.2021 and charge-sheet stands submitted; this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of like amount each to the satisfaction of A.D.J.-II cum Special Judge Excise Act, Sitamarhi, in connection with Sursand P.S. Case No. 19 of 2021 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
Patna High Court CR. MISC. No.70095 of 2021(2) dt.24-05-2022 3/3 (iii) 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. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T