Rajiv Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83566 of 2023 Arising Out of PS. Case No.-357 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rajiv Mahto Son of Late Suresh Mahto R/O Village- Konipar, P.S.- Surajgarha (MANIKPUR), Dist.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Surajgarha (Manikpur) P.S. Case No. 357/20223 registered for the offences punishable under Section 37(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, on the basis of breath analyzer test the appellant is found to have consumed alcohol/liquor.

4. 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 merely on suspicion. Except suspicion, there is nothing on record to demonstrate the complicity of the present petitioner with the

Patna High Court CR. MISC. No.83566 of 2023(2) dt.12-01-2024 2/3 alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 03.10.2023 and bears criminal antecedent of one case in which he is on bail. He further submits that the petitioner has nothing to do with the alleged occurrence.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District and Sessions Judge cum Special Judge, Court No.01, Lakhisarai in connection with Surajgarha (Manikpur) P.S. Case No. 357/2023, subject to 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 affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.83566 of 2023(2) dt.12-01-2024 3/3 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) amitkumar/- U T