Patna High CourtCR. MISC./71719/2021bail granted

Lalbabu Mahto v. The State Of Bihar

2022-05-26Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71719 of 2021 Arising Out of PS. Case No.-427 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Lalbabu Mahto Son of Late Dahaur Mahto Resident of Village- Paroo Nunfar, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-05-2022 Heard counsel for the parties.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in custody in connection with Paroo P.S. Case No. 427 of 2021 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016-18. The allegation in the FIR is that the police upon information that amongst other the petitioner is selling illegal liquor on road side. After raiding the tea shop of Jamadar Rai and recovery of 30 liters, the road side area was also raided, the petitioner arrested and after search of the can, 35 liters of "Desi Chulai" was recovered/seized.

Patna High Court CR. MISC. No.71719 of 2021(2) dt.26-05-2022 2/3 Considering the fact that charge-sheet stands submitted and the petitioner is in jail since 31.10.2021 (as stated in para-11 of the bail application), this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur, in connection with Paroo P.S. Case No. 427 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) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself; (iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be

Patna High Court CR. MISC. No.71719 of 2021(2) dt.26-05-2022 3/3 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