Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81139 of 2023 Arising Out of PS. Case No.-307 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Rajesh Mahto Son Of Late Nathuni Mahto R/O Village- Alinagar, Ward No.- 01, P.S.- University, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with University P.S. Case No. 307 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 52.8 litre Nepali liquor from hut of the petitioner and petitioner apprehended on spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. It is further submitted that petitioner has been made accused in this

Patna High Court CR. MISC. No.81139 of 2023(2) dt.22-12-2023 2/3 case merely on suspicion and except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. The hut from where the alleged recovery has been made is not owned by the petitioner himself, rather it is owned by joint family. Petitioner is no way concerned with the alleged recovery. Petitioner bears no criminal antecedent. Petitioner is in custody since 30.09.2023.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, (Excise) Act, Darbhanga in connection with University P.S. Case No. 307 of 2023 , subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.81139 of 2023(2) dt.22-12-2023 3/3 affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T