Mahatam Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75108 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Mahatam Bin, Son of Rajendra Bin R/o vill - Rajwahi, P.S. - Jadopur, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jadopur P.S. Case No. 237 of 2023, lodged on 01.10.2023 under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, the FIR has been lodged against 3 named accused persons including the present petitioner. The total 72 litres of country made liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that only 27 litres of country made liquor has been recovered from the possession of the present petitioner. Counsel

Patna High Court CR. MISC. No.75108 of 2023(2) dt.29-11-2023 2/3 further submits that the petitioner is doing the work of Pithu/ (daily wage worker) and completely unaware what is present in the bag which he was directed to carry.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 01.10.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Spl. Judge Excise-I, Gopalganj in connection with Jadopur P.S. Case No. 237 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

Patna High Court CR. MISC. No.75108 of 2023(2) dt.29-11-2023 3/3 bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T