Allowed

Ravindra Mahto v. The State of Bihar

Patna HC15 Jul 2022CR. MISC./13757/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in an excise case involving recovery of illicit alcohol. The court considered the petitioner's clean record, that the charge sheet was filed, and the lack of immediate apprehension on arrest while ordering standard bail conditions. (Note: Subject code selected is generic default due to lack of a specific 'excise-duties' or 'licensing' option in t

What did the court decide?

The petitioner was released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount to the Additional Sessions Judge II, Sitamarhi, subject to conditions regarding attendance a

Ravindra Mahto Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13757 of 2022

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Arising Out of PS. Case No.-99 Year-2020 Thana- KANHAULI District- Sitamarhi

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RAVINDRA MAHTO S/o Late Ramvriksh Mahto R/o Village- Itharba @ Itaharwa, P.S.- Kanhauli, District- Sitamarhi

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Santosh Kumar For the Opposite Party/s : Mr.Aditya Narayan Singh.1

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 15-07-2022 Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.

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The petitioner seeks bail in connection with Kanhauli P.S. Case No. 99 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per prosecution case, there is alleged recovery of 315 litre Nepali saufi wine at the bank of Lakhan Dai River near the house of co-accused Bhola Sahni. The villagers disclosed that petitioner and others fled away from there.

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Learned counsel for the petitioner submits that petitioner is in custody since 24.12.2021 and bears no criminal

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Patna High Court CR. MISC. No.13757 of 2022(2) dt.15-07-2022 2/3

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antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the alleged seized article. Petitioner is not apprehended on the spot.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, petitioner is not apprehended on the spot and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge Excise Act, Sitamarhi in connection with Kanhauli P.S. Case No. 99 of 2020, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.13757 of 2022(2) dt.15-07-2022 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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

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(Alok Kumar Pandey, J)

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shahzad/-

Ravindra Mahto v. The State of Bihar

Case brief

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Ravindra Mahto v. The State of Bihar

Case brief

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