Ashok Mahto vs The State Of Bihar
2021 Latest Caselaw 31 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31843 of 2020

   Arising Out of Case No.-222 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                 District- Samastipur
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Ashok Mahto, Male, aged about 45 years, S/o Ram Prit Mahto Resident of Village-Chhatneshwar Ward no.1, P.S.-Warisnagar, District-Samastipur.

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

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-01-2021

Heard Mr. Bijay Bhushan Prasad, learned counsel for the

petitioner and Mr. Madan Kumar, learned Additional Public

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

2. The petitioner is in custody in connection with Excise

Case No. 222 of 2020 dated 25.08.2020, instituted under

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

3. The allegation against the petitioner is that from his

hut 364.680 litres of liquor was recovered.

4. Learned counsel for the petitioner submitted that he is

in custody since 25.08.2020 having no criminal antecedent and

the recovery is from the hut and not the dwelling house of the Patna High Court CR. MISC. No.31843 of 2020 dt.05-01-2021

petitioner.

5. Learned APP submitted that the recovery is from the

place which was owned by the petitioner.

6. 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 Additional

Sessions Judge 2nd -cum-Special Judge, Excise, Samastipur in

Excise Case No. 222 of 2020, 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 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.

Patna High Court CR. MISC. No.31843 of 2020 dt.05-01-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T