Sujit Mahto @ Sujit Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 74876 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Sujit Mahto @ Sujit Kumar Mahto (male) aged about 31 years, S/O- Shivaji Mahto Resident of Village - Dhanaur, P.S.- Katra, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-11-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Katra P.S. Case No. 98 of 2019 registered for the offence under Sections 272, 273, 414 of the Indian Penal Code and Sections 30(a), 38(1) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that on recovery of total 6.375 litres of Indian make foreign liquor, the petitioner and others have falsely been implicated in the present case, whereas, petitioner has no concern with the alleged recovery of liquor. He submits that petitioner's name has come only on confession made by one of the apprehended person. Save and except this, there is nothing against the petitioner to show his complicity.

Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.74876 of 2019(2) dt.20-11-2019 2/2 well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner above named be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Katra P.S. Case No. 98 of 2019 on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be 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 tempers 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.) anay U T