Gulten Mahato @ Kanjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85870 of 2019 Arising Out of PS. Case No.-289 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== GULTEN MAHATO @ KANJAR Son of Ramchandra Mahato Resident of Village - Rampur Gangauli, P.S.- Riga, Distt - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Informant who the police officer has alleged in his self statement that on receiving specific information that three persons are engaged in sale of illicit liquor, he raided the place but all the accused managed to escape and they were identified by the Chaukidar of the area.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case on the statement of Chaukidar. Nothing was recovered from his conscious possession nor he was apprehended from the said

Patna High Court CR. MISC. No.85870 of 2019(2) dt.17-01-2020 2/2 place. Petitioner has no criminal antecedent and is in custody since 26.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Riga P.S. Case No. 289 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T