Binod Kumar @ Binod Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17163 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Binod Kumar @ Binod Kumar Mahto, son of Siya Ram Mahto, resident of village- Bhoja, P.S. Khodabandpur (Chaurahi O.P.), District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sujit Kumar Singh, Advocate For the Opposite Party : Smt. Sharda Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for grant of regular bail to the petitioner, who is accused in Khodabandpur P.S. Case No. 03 of 2017 for offence under Section 30(a) Bihar Excise Amendment Act, 2016.

From perusal of the F.I.R., it appears that petitioner Binod Kumar along with Shushil Chaudhary @ Shushil Singh and Saroj Kumar were apprehended by the police party. During raid, huge quantity of wine was recovered from the truck. It appears that two accused persons apprehended along with the petitioner namely Shushil Chaudhary @ Shushil Singh and Saroj Kumar, both co-accused persons were granted bail by this Hon'ble Court passed in Cr. Misc. No. 18165 of 2017 vide order dated

Patna High Court Cr.Misc. No.17163 of 2017 (3) dt.31-05-2017 2/2 21.04.2017 and Cr. Misc. No. 13002 of 2017 vide order dated 28.04.2017. One co-accused Jai Prakash Choudhary @ Bumbum Choudhary @ Bumbum Mukhiya was also disclosed at the time of arrest of this petitioner was also released on bail vide order dated 17.05.2017 passed in Cr. Misc. No. 18303 of 2017. Having regard to the facts and circumstance that similarly circumstance co-accused have been released on bail by this Hon'ble Court and the fact that in para 3 of the petition there is statement that petitioner has no criminal antecedent. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Begusarai or his successor Court or concerned Court, Khodabandpur P.S. Case No. 03 of 2017, subject to the condition that petitioner will extend full co-operation in the case and will not, in any manner, influence the witnesses or the evidence.

(Anil Kumar Upadhyay, J) Rajiv/- U T