Upendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80137 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- KHAIRA District- Saran ====================================================== Upendra Mahto, Male, aged about 20 years, Son of Ramnath Mahto Resident of Bhikhampur, P.S.- Khaira, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar Shrivastava, Advocate For the State :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Khaira PS Case No. 32 of 2019 dated 19.02.2019 instituted under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that he was selling illicit liquor and when the police went on the information given by the Chowkidar, three persons fled away in which the name of the petitioner also transpired.

4. Learned counsel for the petitioner submitted that 20 litres of countrymade liquor was recovered from the bush and not from the conscious possession of the petitioner and he is in custody since 17.10.2019.

5. Learned APP submitted that the Chowkidar has named the petitioner one of the persons who had fled away.

Patna High Court CR. MISC. No.80137 of 2019 dt.20-12-2019 2/2

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/-(twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran, in Khaira PS Case No. 32 of 2019, subject to the condition that one bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J) Ranjeet/Rahul AFR/NAFR U T