Budhilal Mahto @ Budhilal Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4295 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Budhilal Mahto @ Budhilal Mehta, Son of Late Sarjug Mahto, Resident of Village + Police Station-Bihariganj, District-madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioner is in custody since 27.09.2016 in connection with Bihariganj P.S. Case No. 159 of 2016, registered for offences punishable under Sections 47(a) of Bihar Excise (Amendment) Act, 2016.

It has been submitted on behalf of the petitioner that in this case there is recovery of only 2.5 litres of Mahua liquor for which he has been in judicial custody since 27.09.2016 and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both side, considering the facts and circumstances of the case, nature of offence and period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 15,000 (Rs. Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Sri Pradeep Kumar

Patna High Court Cr.Misc. No.4295 of 2017 (2) dt.14-02-2017 2/2 Choudhary, learned Judicial Magistrate -1st Class, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 159 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner, in future, found involved in any of such offence, his bail bonds will be cancelled. (Vinod Kumar Sinha, J) sunil/- U T