Sanjay Mahto@Sanjay Prasad Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62016 of 2018 Arising Out of PS.Case No. -321 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== SANJAY MAHTO@SANJAY PRASAD KUSHWAHA .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Excise Case No.321 of 2018, registered for offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner as per F.I.R. is of recovery of 600 Nepali Soufi and 100 bottle Nepali Kasturi from the possession of three accused persons including the petitioner. Submission of the learned counsel for the petitioner is that the other co-accused have already granted bail by a Coordinate Bench of this Court passed in Criminal Misc. no. 62110 of 2018, vide order dated 09.10.2018.
Heard learned A.P.P also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.62016 of 2018 (2) dt.11-10-2018 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Motihari, in connection with Excise Case No. 321 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.
iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T