Niraj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69237 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- MEHANDIGANJ District- Patna ====================================================== NIRAJ MAHTO Son of Krishna Mahto @ Kishan Mahto Resident of Village - Pratap Pur, P.S. Mehandiganj, District Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudra Deo, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Mehandiganj P.S. Case No. 163/2023 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 lodged on 10.09.2023 by the informant, Din Dayal Ram.

As per the prosecution story, the allegation is that the police conducted a raid near village Pratappur when a person tried to escape by throwing the bag on which 10 liters each of three pouches, totalling 30 liters country made liquor was recovered/seized which followed the FIR.

Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession, police falsely implicated him and he is in custody since

Patna High Court CR. MISC. No.69237 of 2023(2) dt.19-10-2023 2/3 11.09.2023.

Taking into account the submission put forward by the parties, he do not have criminal antecedent and nothing has been recovered from his conscious possession, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise PatnaCity, Patna in connection with Mehandiganj P.S. Case No. 163 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.69237 of 2023(2) dt.19-10-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U