Kamlu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48658 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Kamlu Mahto, S/o Late Singeshwar Mahto, r/o village- Purushottampur, P.S.- Kalyanpur, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate. For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kalyanpur P.S. Case No. 74 of 2017 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30/38 of the Bihar Excise Amendment Act, 2016.

There is allegation in the written report that ten litres of water mixed with Jaggery was recovered from possession of this petitioner and from two other persons.

The seizure list has been enclosed with the First Information Report but it does not bear signature of either this petitioner or any of his family members.

It is mentioned in paragraph-3 of the bail petition that petitioner has clean antecedent.

Patna High Court Cr.Misc. No.48658 of 2017 (4) dt.13-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kalyanpur P.S. Case No. 74 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 6th, Samastipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.