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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59809 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Pramod Mahto @ Pramod Kumar Mahto Son of Ganesh Mahto, Resident of Mohalla-J.P. Colony Ward No.20, P.S.-Madhubani Town, District-Madhubani. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Madhubani Town P.S. Case No. 54 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the alleged liquor has not been recovered from the house of the petitioner and the petitioner's name has transpired in the statement of apprehended accused. The petitioner has no concern with the place of recovery and he is in custody since 16.08.2019 and chargesheet has already been filed by the Police.

Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.59809 of 2019(3) dt.27-11-2019 2/2 Considering the facts and circumstances of the case, wherein the illicit liquor has not been recovered from the possession of the petitioner and that the petitioner is in custody since 16.08.2019, charge-sheet has already been filed against him, let the petitioner above named be released on bail in connection with Madhubani Town P.S. Case No. 54 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 2nd-cum-Special Judge Excise Act, Madhubani, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/ved U T