Umashankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.680 of 2022 Arising Out of PS. Case No.-504 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== UMASHANKAR MAHTO, S/O LATE RAM BRIKSH MAHTO R/o villageNayatola, Riga Ward No. 02, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2022 Heard the parties.

The petitioner seeks bail in connection with case No. C2/504/2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per prosecution case, 62.910 litres of foreign liquor has been recovered from the house of the petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from his conscious possession and the recovery has been made from a house which is joint family property and the petitioner is in custody since 29.10.2021. Learned APP for the State has opposed the bail petition and submits that the petitioner has criminal antecedent of similar nature.

Patna High Court CR. MISC. No.680 of 2022(2) dt.21-03-2022 2/2 Considering the aforesaid facts and circumstances, the bail petition of the petitioner is rejected.

However, once charge is framed and trial commences, the petitioner Shall be released on bail by the learned trial Court on the condition that he will cooperate in disposal of trial and appear before the trial Court, as and when required. (Prabhat Kumar Singh, J) sanjeev/- U T