Sanoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69780 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== SANOJ MAHTO S/o Daroga Mahto Resident of Village- Lala Tola, Garbhuwa, P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 78 of 2019 registered for the offences punishable under Sections 467, 468, 414 of the Indian Penal Code and Sections 30(a)/30(b) and 30(c) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the seized two motorcycles do not belong to the petitioner from which the alleged recovery of illicit liquor has been shown found on the Veranda of the house of this petitioner. It is further submitted that the petitioner is in custody since 07.02.2019. It is further submitted that the seizure list does not contain the signature of the petitioner or any family member of the petitioner.

Patna High Court CR. MISC. No.69780 of 2019(2) dt.14-01-2020 2/3 Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the illicit liquor have been allegedly shown recovered from the two motorcycles from the Veranda of the house of this petitioner and those motorcycles do not belong to this petitioner and further that the petitioner has remained in custody for more than six months, let the petitioner above named be released on bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 78 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court CR. MISC. No.69780 of 2019(2) dt.14-01-2020 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T