Faguni Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62202 of 2018 Arising Out of PS. Case No.-189 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Faguni Mahto, son of Rama Mahto, resident of village- Dhanaur P.S.- Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016 and under Sections 272, 273 and 413 of the IPC.

It is contended that, as per allegation, 26.46 litres foreign liquor was recovered from the joint possession of three persons and on their statement, petitioner has been implicated in this case. It is urged that the petitioner was not arrested on the spot. It is further contended that the petitioner has no connection

Patna High Court Cr.Misc. No.62202 of 2018(2) dt.08-10-2018 2/3 with the alleged recovered liquor. Petitioner claims that he is in custody since 15.09.2018.

Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur in connection with Katra P.S. Case No. 189/18.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

That apart, in view of the antecedents of the petitioners they would be required to appear before the Superintendent of Police, Muzaffarpur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioners will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of

Patna High Court Cr.Misc. No.62202 of 2018(2) dt.08-10-2018 3/3 Police, a certificate will be filed by the petitioners before the court concerned which should be granted by the Superintendent of Police upon their appearance.

(Dr. Ravi Ranjan, J) Sanjay/- U T