Patna High CourtCR. MISC./85835/2019bail granted

Laxman Kumar Mahto v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85835 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- BAHERI District- Darbhanga ====================================================== LAXMAN KUMAR MAHTO Son of Dev Narain Mahto @ Devnarayan Mahto Resident of Village - Jagdishpur, P.S.- Khanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Choudhary For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 30(a) of Bihar Prohibition & Excise Act, 2016 and sections 272,273, 420 of the IPC.

One motorcycle, one Bolero and one Scorpio were stopped by the police. Petitioner along with others were taken into custody on account of recoveries from Bolero vehicle. It is submitted by counsel for the petitioner that nothing has been recovered from the possession of petitioner. He has no criminal antecedent and he is in custody since 26.11.2019. Recovery even as per allegation made in the F.I.R is from Bolero, though petitioner was travelling in scorpio vehicle. Submission is of false implication.

Patna High Court CR. MISC. No.85835 of 2019(2) dt.16-01-2020 2/2 Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cumSpecial Judge, Excise, Darbhanga in Baheri P.S. Case no. 273/2019/ GO case no. 1212/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T