Vrihaspati Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70871 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Vrihaspati Mahto, S/O Late Baleshwar Mahto, R/O Village- Parsarma, P.S. - Biraul, District- Darbhanga (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Prakash, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Biraul P.S. Case No.142 of 2022 lodged on 28.04.2022 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, the total recovery of 11 litres of country-made liquor is the subject matter of the present case. The FIR has been lodged against four named accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The alleged recovery has not been made from the conscious possession of the petitioner, rather it has been made from a house belongs to

Patna High Court CR. MISC. No.70871 of 2023(2) dt.07-11-2023 2/3 Somanti Devi who disclosed the name of the petitioner and other co-accused persons. The petitioner has no concern with the house from where the said recovery has been made. The petitioner is in custody since 14.08.2023 and at the time of lodging of the present FIR, there was no criminal case against the petitioner, but thereafter one case has been lodged against him.

4. Learned counsel for the State opposes the prayer for bail and submits that the recovery has been made from the possession of the petitioner.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Darbhanga, in connection with Biraul P.S. Case No. 142/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his

Patna High Court CR. MISC. No.70871 of 2023(2) dt.07-11-2023 3/3 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 bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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. (Dr. Anshuman, J) Ashwini/- U T