Mithilesh Mahto @ Mithlesh Mahto @ ... vs The State Of Bihar
2021 Latest Caselaw 908 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 30349 of 2020
     Arising Out of PS Case No.-70 Year-2019 Thana- GAIGHAT District- Muzaffarpur
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Mithilesh Mahto @ Mithlesh Mahto @ Mithalesh Mahto, aged about 43 years, Gender- Male, Son of Late Sukhro Mahto, Resident of Village- Hanuman Nagar, PS- Gaighat (Benibad OP), District- Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Santosh Kumar, Advocate For the State : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Santosh Kumar, learned counsel for the

petitioner and Mr. Tapeshwar Sharma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Gaighat PS Case No. 70 of 2019 dated 14.03.2019, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 19.12.2019 in Cr.

Misc. No. 79690 of 2019.

5. The allegation against the petitioner is that he was

manufacturing countrymade liquor and on search 5 litres Patna High Court CR. MISC. No.30349 of 2020 dt.17-02-2021

countrymade liquor; gas cylinder with stove; 21 packets of instant

dry yeast weighting 5 kgs; weighing scale and 20 kgs. of

gur(mitha) was recovered from his house.

6. Learned counsel for the petitioner submitted that it

was not his house but rather a thatched hut and no family member

of the petitioner has signed the seizure list. Learned counsel

submitted that the petitioner has no criminal antecedent and is in

custody since 28.08.2019.

7. Learned APP submitted that the petitioner is

manufacturing countrymade liquor.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge,

Excise Act, Muzaffarpur in Gaighat PS Case No. 70 of 2019

subject to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the petitioner,

and (iii) that the petitioner shall also give an undertaking to the

Court that he shall not indulge in any illegal/criminal activity, act

in violation of any law/statutory provisions, tamper with the Patna High Court CR. MISC. No.30349 of 2020 dt.17-02-2021

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the

case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his bail

bonds.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T