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Patna High CourtCR. MISC./72141/2022bail granted

Aakash Mahto v. The State Of Bihar

2023-03-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72141 of 2022 Arising Out of PS. Case No.-294 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.

Aakash Mahto Son Of Dinesh Mahto R/O Vill.- Beldanga, Dipupada, P.S.- Asansol North, Distt.- West Bardwan, State- West Bengal 2.

Rohit Sharma Son Of Raghunandan Sharma R/O Vill.- South Dhaka, Suganth Palli, Chiparia Mahalla, P.S.- Asansol North District- Bardwan West, State Of West Bengal 3.

Sonu Sonkar Son Of Hansraj Sonkar R/O Vill.- South Dhaka, Suganth Palli, Chiparia Mahalla, P.S.- Asansol North District- Bardwan West, State Of West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-03-2023 Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners seeks bail in connection with Suryagarha P.S. Case No. 294 of 2022 registered for the offence under Section 30(a) of Bihar Prohibition Excise (Amendment) Act 2018.

As per the F.I.R. about 184 litres of foreign made liquor from a bag.

Learned A.P.P. has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.72141 of 2022(2) dt.04-03-2023 2/2 Considering the quantum of recovery of liquor and also the fact that the petitioner has no criminal antecedents, inasmuch as, he is custody since 27.09.2022, this application for regular bail is allowed.

Let the petitioners, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ-IV-cum-Special Excise Court 1st Lakhisarai in connection with Suryagarha P.S. Case No. 294 of 2022.

As a condition of this order, the petitioners should cooperate in the proceeding of the Court below and if the petitioners will try to delay the trial, the Court below is at liberty to pass an appropriate order including the cancellation of bail bonds of the petitioners.

The petitioners will mark their presence in Asansol North Police Station, Dist.- Bardwan West on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Vikas/Shishir U