Patna High CourtCR. MISC./71691/2019bail granted

Rakesh Mahto v. The State Of Bihar

2019-11-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71691 of 2019 Arising Out of PS. Case No.-747 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Rakesh Mahto S/o Harendra Mahto Resident of Mohalla- Purani Gudri Road, Bhawani Singh Marg, P.S.- Town, District- Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar Alok, Advocate For the Opposite Party :

Mr.Md. Iftekhar Mahmood, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 37(b), (c) and (d) of the Bihar Prohibition and Excise Act.

Police raided a shop and arrested some persons engaged in selling country made liquor mixed with toddy. Manager of shop disclosed that the petitioner and his brother were running the shop who fled away at the time of raid. Learned counsel for the petitioner submits that the shop in question does not belong to him and he is not connected with the recovery. Learned counsel further submits that the petitioner has got no criminal antecedent.

In view of the facts and circumstances of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise Act, Muzaffarpur in Town Police Station Case No. 747 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.71691 of 2019(2) dt.20-11-2019 2/2 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) Shashi U T