Amit Kumar Mahto vs State Of Bihar

Heard Mr. Md. Fazle Karim, learned counsel for the petitioner and Ms. Sucheta Yadav, learned Additional Public Prosecutor (hereinafter referred

to as the ‘APP’) for the State.

The petitioner is in custody in connection with K Hat (Sahayak) PS Case No. 658 of 2019 dated 06.09.2019, instituted under Sections 272, 273 and

420 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

This is the second attempt of bail by the petitioner as earlier such prayer was rejected by order dated 26.11.2019 passed in Cr. Misc. No. 75289 of

2019.

The allegation against the petitioner is that he was named by six persons who were caught by the police along with 1615.56 litres of foreign liquor,

as being one of the persons involved in such trade.

Learned counsel for the petitioner submitted that the petitioner was not caught and due to mala fide reasons, he has been named. It was further

submitted that there has been no recovery from him and he is in custody since 21.09.2019. Learned counsel submitted that similarly situated co-

accused Ms. Radha Devi has been granted bail by order dated 17.10.2019 in Cr. Misc. No. 65943 of 2019; Mukesh Sah and Ranu Kumar by order

dated 04.11.2019 passed in Cr. Misc. No. 65312 of 2019; Azad Kumar, by order dated 05.11.2019 passed in Cr. Misc. No. 65409 of 2019 and also

Tabrez Alam @ Md. Tabrez Alam, by order dated 27.11.2019 passed in Cr. Misc. No. 67397 of 2019.

Learned APP submitted that the petitioner has been named by the persons who were caught and also has one criminal antecedent of similar nature.

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-II-cum Special Judge (Excise), Purnea in K Hat (Sahayak) PS Case No. 658 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 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.

The application stands disposed off in the aforementioned terms.