Lallan Kumar Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20062 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== 1.

Lallan Kumar Mahto, S/o Lakhman Mahto

2. Arun Kumar Mahto, S/o Asheshwar Mahto Both resident of Hayaghat Rasalpur, P.S. Hayaghat, Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for offences punishable under Sections 30 (a), 38 (I) of the Bihar Excise Act, 2016.

It is contended that, as per allegation, 450 litres of fermented toddy was recovered from a tempo. Petitioner no.2 is driver of the vehicle and the petitioner number 1 is cousin brother of the petitioner number 2, who was boarding the tempo. It is claimed that petitioner no. 1 has got clean antecedent but petitioner no. 2 is involved in another case of similar nature and

Patna High Court Cr.Misc. No.20062 of 2018(3) dt.19-04-2018 2/3 they are in custody since 06.03.2018.

Having regard to the facts and the circumstances of the case, the abovenamed petitioners are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge-cum-Special Judge, Samastipur in connection with Excise Case No. 75/2018.

Further, if the petitioners, after their release in this case, are again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of their bail bonds.

That apart, in view of the antecedents of the petitioner no.2, he would be required to appear before the Superintendent of Police, Samastipur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner no.2 will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of

Patna High Court Cr.Misc. No.20062 of 2018(3) dt.19-04-2018 3/3 Police, a certificate will be filed by the petitioner no.2 before the court concerned which should be granted by the Superintendent of Police upon his appearance.

(Dr. Ravi Ranjan, J) Sanjay/- U T