Patna High CourtCR. MISC./64526/2018bail granted

Chhotu @ Chhotu Mahto @ Chhoto Mahto v. The State Of Bihar

2018-12-03Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64526 of 2018 Arising Out of PS. Case No.-68 Year-2017 Thana- KADWA District- Katihar ====================================================== CHHOTU @ CHHOTU MAHTO @ CHHOTO MAHTO S/o Late Govinda Mahto, R/o- Motihari, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kadwa (Balia Belon) P.S. Case No.68 of 2017 registered for the offences punishable under Sections 414, 420 of the Indian Penal Code and Section 33 of the Bihar Prohibition of Excise Act, 2016.

As per allegation, 350 litres of spirit was recovered from a car. Petitioner is the driver of the aforesaid car. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case only on the basis of suspicion. It is further submitted that petitioner is in custody since 30.03.2017.

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.64526 of 2018(3) dt.03-12-2018 2/2 amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Katihar in connection with Kadwa (Balia Belon) P.S. Case No.68 of 2017 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 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.

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