Patna High CourtCR. MISC./75946/2018bail granted

Monu Mahto @ Bhonu Mahto @ Maunu Mahto @ Bhanu Mahto v. The State Of Bihar

2018-12-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75946 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- SANOKHAR District- Bhagalpur ====================================================== Monu Mahto @ Bhonu Mahto @ Maunu Mahto @ Bhanu Mahto, Son of Late Ram Prasad Mahto ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s :

Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 188, 290 of the Indian Penal Code and Section 30 (A), 30 (F) of Bihar Prohibition and Excise Act 2016.

It is submitted by the petitioner's counsel that the petitioner having no criminal antecedent is in custody since 01.08.2018 on the allegation of possessing 20 liters of country made Mahua. It is also submitted that the petitioner has falsely been implicated in this case and that the seizure is not in accordance with the provisions prescribed under Section 100 Cr.P.C. and the material which has been recovered has not been examined.

In the facts and circumstances of the case, prayer

Patna High Court Cr.Misc. No.75946 of 2018(2) dt.17-12-2018 2/2 for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Bhagalpur in Sanokhar (Amdanda) P.S. Case No. 117 of 2018 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U