Vinod Mahto @ Langar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64941 of 2022 Arising Out of PS. Case No.-638 Year-2022 Thana- SONEPUR District- Saran ====================================================== Vinod Mahto @ Langar, Son of Ramvilash Mahto, R/O Village- Meena Bazar, P.S.- Sonpur, Distt.- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-01-2023 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sonepur P.S. Case No.638 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

60 litres illicit liquor has been allegedly recovered from the thatched hutment of the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner's implication is on account of his antecedents. From the FIR, it is apparent that the petitioner is a handicapped person. The recovery is denied

Patna High Court CR. MISC. No.64941 of 2022(2) dt.20-01-2023 2/3 and disputed. He is in custody since 26.08.2022. Learned APP for the State has opposed the prayer for bail.

Having regard to the manner of recovery, submissions advanced by the parties, period of custody, and the fact that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, 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 the learned 2nd Exclusive Special Excise Court, Saran at Chapra, in connection with Sonepur P.S. Case No.638 of 2022, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if

Patna High Court CR. MISC. No.64941 of 2022(2) dt.20-01-2023 3/3 he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T