Bhajan Mahton @ Jitendra Mahton @ Jitendra Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Bhajan Mahton @ Jitendra Mahton @ Jitendra Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner in connection with Naokothi P.S. Case No. 188 of 2023 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court, subject to conditions: (i) one bailor to be an own/close family member of the petitioner; (ii) appearance on each and every trial date, with liberty to the Trial Court to cancel the bail bonds upon default on two consecutive dates.

Issue for consideration

Whether the petitioner, booked in Naokothi P.S. Case No. 188 of 2023 under Sections 120(B) IPC read with Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act, 2018, should be released on bail, considering the period of custody and the entire facts and circumstances.

Court's answer

Considering the entire facts and circumstances of the case and the period of custody, the petitioner is directed to be released on bail in connection with Naokothi P.S. Case No. 188 of 2023 on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court.

Ratio / Principle

Condition (i) of bail: one of the bailors shall be an own/close member of the family of the petitioner.

Key takeaways

Condition (ii) of bail: the petitioner shall appear on each and every date fixed at the trial; in case of default in appearance on two consecutive dates, the Trial Court has liberty to cancel the petitioner's bail bonds.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, CR. MISC. No.10829 of 2024 (oral order dt. 22-02-2024, Rudra Prakash Mishra, J): Regular bail allowed to Bhajan Mahton @ Jitendra Mahton @ Jitendra Kumar in Naokothi P.S. Case No. 188 of 2023 (Thana Nowkothi Garhpura, District Begusarai), instituted under Sections 120(B) IPC read with Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act, 2018, after police allegedly recovered altogether 900 litres of foreign liquor from the road in front of his house. Petitioner in judicial custody since 03.01.2024; three criminal antecedents disclosed (para 3 of bail application); defence urged non-compliance of Section 100 Cr.P.C. as casting doubt on the prosecution case. Bail granted on bonds of Rs. 10,000/- with two sureties of the like amount each, conditioned that (i) one bailor be an own/close family member and (ii) the accused appear on every trial date, default on two consecutive dates permitting the Trial Court to cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10829 of 2024

Arising Out of PS. Case No.-188 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai

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

Bhajan Mahton @ Jitendra Mahton @ Jitendra Kumar S/o Mantun Mahto Resident of Village- Gamaharia, P.S.- Naokothi, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anshu Dhar Sharma, Adv. Mrs. Namita Sharma, Adv. For the Opposite Party/s : Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 22-02-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in connection with Naokothi P.S. Case No. 188 of 2023 instituted for the offences under Sections 120(B) of the Indian Penal Code read with Sections 30(a), 32, 41 of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the police has recovered altogether 900 liter foreign liquor from the road in front of the house of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.10829 of 2024(2) dt.22-02-2024 2/3

the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 03.01.2024.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naokothi P.S. Case No. 188 of 2023, subject to following conditions:-

(i) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.10829 of 2024(2) dt.22-02-2024 3/3

the family of the petitioner.

(ii) The petitioner shall appear on each and every

date fixed at the trial. In case of default in such appearance

on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

rishi/-

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