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Patna High CourtCR. MISC./80944/2023bail granted

Ramji Mahato @ Ramji Mahto v. The State Of Bihar

2024-03-05Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80944 of 2023 Arising Out of PS. Case No.-756 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Ramji Mahato @ Ramji Mahto Son Of Late Bhagelu Mahto Resident Of Village- Ward No. 12, Baswariya, Ps- Majhaulia, Distt- West Champaran 2.

Bholi Mahato @ Bholi Mahto Son Of Ramji Mahato @ Ramji Mahto Resident Of Village- Ward No. 12, Baswariya, Ps- Majhaulia, Distt- West Champaran 3.

Sujit Kumar Son Of Bholi Mahato @ Bholi Mahto Resident Of VillageWard No. 12, Baswariya, Ps- Majhaulia, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate For the State :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners, at the outset has prayed for and is permitted to withdraw the application for bail on behalf of petitioner no. 2, namely, Bholi Mahato @ Bholi Mahto.

3. The application for bail of petitioner no. 2 namely, Bholi Mahato @ Bholi Mahto is dismissed as withdrawn.

4. The petitioner nos. 1 and 3 seek bail in connection with Majhauliya P.S. Case No. 756 of 2023 registered for the offence punishable under Sections 272, 273, 304, 328 and

Patna High Court CR. MISC. No.80944 of 2023(3) dt.05-03-2024 2/3 120(B)/34 of the Indian Penal Code and Section 34 and 36 of the Bihar Prohibition and Excise Act.

5. As per the prosecution case, the deceased consumed illicit liquor and because of which he died. The petitioners are suspected to have been dealing in illicit liquor. They are in jail since 11.06.2023.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

7. Considering the aforesaid, this application is allowed so far as petitioner no. 1, namely, Ramji Mahato @ Ramji Mahto and petitioner no. 3, namely, Sujit Kumar are concerned.

8. Let the petitioner no. 1, namely, Ramji Mahato @ Ramji Mahto and petitioner no. 3, namely, Sujit Kumar, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 756 of 2023.

9. The petitioner no. 1, namely, Ramji Mahato @ Ramji Mahto and petitioner no. 3, namely, Sujit Kumar will also mark attendance in Majhaulia, Police Station, West Champaran

Patna High Court CR. MISC. No.80944 of 2023(3) dt.05-03-2024 3/3 on each and every Sunday of the month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner no. 1 and petitioner no. 3. (Sandeep Kumar, J) P. Kumar U T