NIRAJ MAHTO v. The State of Bihar

2016. As per allegation, total 138.240 litres of liquor was recovered from a hut. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not arrested Patna High Court CR. MISC. No.73518 of 2022(2) dt.10-02-2023 on the spot and nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has been languishing in jail since 26.09.2022. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in five other cases. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above- named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs.

10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Judge, Excise Court-I, Samastipur in connection with Rosera P.S. Case No. 188 of 2021, on the following conditions:

(i) The petitioner will make himself available for Patna High Court CR. MISC. No.73518 of 2022(2) dt.10-02-2023 interrogation by a police officer/court as and when required.

(ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. Patna High Court CR. MISC. No.73518 of 2022(2) dt.10-02-2023 (vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. ashishkr/- U T (Jitendra Kumar, J)