Patna High CourtCR. MISC./79965/2018bail granted

Mohan Mahto And ANR v. The State Of Bihar

2019-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79965 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- HATHIDAH District- Patna ======================================================

1. Mohan Mahto, son of Ram Chandra Mahto,

2. Amarjit Paswan, son of Late Lakhan Paswan, both are resident of villageMokama Ghat, Police Station- Mokama, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2, Advocate For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Special Case No.11057 of 2018 arising out of Hathidah P.S. Case No. 90 of 2018 instituted for the offence under Section(s) 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 24 litres foreign liquor has been recovered from joint possession of the petitioners. Petitioners are said to be in custody since 21.11.2018. In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.79965 of 2018(2) dt.17-01-2019 2/2 amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Special Case No.11057 of 2018 arising out of Hathidah P.S. Case No. 90 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

From para 3, it appears that another case under Excise Act is pending against the petitioner No.1. The petitioner No.1 will file an Affidavit at the time of his release that he will not indulge in such activities in future, otherwise, his bail bond in the instant case will be liable to be cancelled. (Sanjay Priya, J) J. Alam/- Rohit Kr.

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