Patna High CourtCR. MISC./67293/2023bail granted

Om Prakash Mahto v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67293 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Om Prakash Mahto S/O Baidyanath Mahto@ Vaidhnath Mahto R/O VillPurnahi, Ps-Warisnagar, Dist-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Hayaghat P.S. Case No. 92 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

4. As per the prosecution, total 5596 liters of prohibited liquor was recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 28.06.2023.

Patna High Court CR. MISC. No.67293 of 2023(2) dt.18-10-2023 2/2

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail after completion of six months in custody on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-I, Excise Act, Darbhanga in in connection with Hayaghat P.S. Case No. 92 of 2023.

10. As a condition of this order, the bail bond of the petitioner shall only be accepted by the Court below if the petitioner brings a receipt of payment of Rs. 50,000/- in favour of Ram Krishna Mission Sevashram, Bela, Muzaffarpur.

11. After being released from the custody, the petitioner will mark his attendance at Warisnagar Police Station on the second and fourth Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T