Mukesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2044 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- ISLAMPUR District- Nalanda ====================================================== Mukesh Kumar Mahto, son fo Kuleshwar Mahto, resident of village, Mahuatand, P.S. Mahuatand, District, Bokaro (Jharkhand) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Respondent/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Islampur P.S. Case No. 373 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of about 277 litres foreign liquor from two vehicles which were being boarded by the accused persons including the petitioner.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 05.11.2018. Similarly placed co-accused Kaushlendra Prasad and another has already been granted bail by of this Court vide order dated 14.12.2018 passed in Cr. Misc. No.75072 of 2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.2044 of 2019(2) dt.15-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 6th Additional District and Sessions Judge-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Islampur P.S. Case No. 373 of 2018, with following conditions:- (1)Bailors should be his family members.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T