Patna High Court
CR. MISC./35608/2020 of SANJAY MAHTO Vs The State of Bihar on 23 December 2020
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35608 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- ISUAPUR District- Saran ====================================================== SANJAY MAHTO Son of Laxaman Mahto Resident of Village - Dhama, P.S. - Isuapur, District –
23-12-2020
IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.35608 of 2020
Arising Out of PS. Case No.-37 Year-2020 Thana- ISUAPUR District- Saran======================================================SANJAY MAHTO Son of Laxaman Mahto Resident of Village - Dhama, P.S.- Isuapur, District – Saran ... PetitionerVersusThe State of Bihar
... ... Opposite Party
======================================================Appearance :For the Petitioner: Mr.Arvind Prasad Singh, Advocate For the Opposite Party:Smt. Veena Rani Pd. A.P.P.======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGHORAL ORDER
Heard learned counsel for the petitioner and the State through Video Conferencing.
Petitioner seeks bail in a case registered for the offencepunishable under Section 30a of the Bihar Prohibition andExcise Act.
66.520 liters of foreign liquor is alleged to have beenrecovered along with Alto Car from the maize field behind thehouse of the petitioner.
Learned counsel appearing for the petitioner submitsthat no incriminating material has been recovered from theconscious possession of the petitioner and he has nothing to dowith the alleged recovery which has been made from open field.Petitioner is in custody since 4.7.2020.
Shashi
UT
Considering the facts of the case, let the petitioner,above named, be released on bail on furnishing bail bond ofRs.10,000/- (ten thousand) with two sureties of the like amounteach to the satisfaction of the Additional Sessions Judge II cumSpecial Judge, Excise Act Saran in Isuapur Police Station CaseNo. 37/2020, on the following conditions:-
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(1) Petitioner shall co-operate in the trial and shall beproperly represented on each and every date fixed by the Courtand shall remain physically present as directed by the Court andon his/her absence on two consecutive dates without sufficientreason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or thewitnesses, in that case the prosecution will be at liberty to movefor cancellation of bail.
(Prabhat Kumar Singh, J)
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