Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80614 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Dilip Mahto Son of Mahesh Mahto Resident of - Bind Toli, Kurji, P.S.- Digha, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with P.R.Case No.171 of 2019 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

100 liters of liquor was allegedly recovered from the tempo on which the petitioner was driver. Petitioner has stated on oath that he has got no criminal antecedent. Petitioner is in custody since 25.09.2019. Investigation of the case is already completely.

Considering the nature of allegation and punishment prescribed under the law, in my view, petitioner should be

Patna High Court CR. MISC. No.80614 of 2019(2) dt.13-01-2020 2/2 released on bail only after framing of the charge. Hence, the trial court is directed to frame the charge at the earliest. After framing of the charges, let the petitioner be released on regular 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, Patna, DistrictPatna in connection with Special Case No.8582 of 2019 arising out of P.R.Case No.171 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also that the petitioner shall not leave the country without permission of the Court.

(Birendra Kumar, J) B.Kr./- U T