Lagan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78170 of 2018 Arising Out of PS. Case No.-283 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== Lagan Mahto S/o Ram Raj Mahto, R/o Vill.- Daudpur, P.S.- Shahpur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 10598 of 2018 arising out of Khusrupur P.S. Case No.283 of 2018 registered for the offence punishable under Sections 30(a) and 37(c) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 51.2 litres country-made liquor from the possession of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 05.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.78170 of 2018(2) dt.09-01-2019 2/2 amount each to the satisfaction of learned Special Judge (Excise Act), Patna in connection with Special Case No. 10598 of 2018 arising out of Khushrupur P.S. Case No.283 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T