Patna High CourtCR. MISC./74311/2019bail granted

Om Prakash Mahto v. The State Of Bihar

2020-01-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74311 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== OM PRAKASH MAHTO Son of Kari Mahto Resident of Ward No. 10, Village - Madhu Tol, Jahangirpur, P.S. - Khanpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

Submission is that liquor was not recovered from the possession of the petitioner nor the petitioner was there at the time of recovery. The petitioner has stated on oath that he has got no criminal antecedent. Name of the petitioner surfaced in the confessional statement of co-accused.

Considering the lack of material against the petitioner to compel him to go to jail, let the petitioner, above named, in the event of his arrest or surrender before the Court below

Patna High Court CR. MISC. No.74311 of 2019(2) dt.22-01-2020 2/2 within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Excise Case No. 325 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T