IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.30426 OF 2011
SANTOSH KR. MAHTO, S/O RAM CHANDRA
MAHATO, R/O VILLAGE RAJE, P.S
MANIGACHHI, DISTRICT DARBHANGA.
.....................PETITIONER.
VERSUS
THE STATE OF BIHAR.
...........................OPPOSITE PARTY.
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03/ 24.10.2011 No one appears for the petitioner.
The petitioner has been made accused
for the offences punishable under Section
47-(a)(f) of Excise Act and is in custody
since, 11.08.2011.
In the bail application it has been
mentioned that the petitioner has got no
criminal antecedent and that he had no
concern with Shambhu Chaupal and Suraj
Mandal, who are said to be the main persons
responsible for the alleged act of storage
of 100 litres of spirit and 500 sachets of
400 ml contained in four bags apart from
200 litres of country made liquor etc.
This Court taking into account that
the petitioner is the first offender for
the offences punishable under Section 47 of
the Excise Act and has remained in custody
for a period of almost three months, this
Court would direct for release of the
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petitioner, namely, Santosh Kumar Mahto on
bail on furnishing of bail bond of Rs.
10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction
of the Chief Judicial Magistrate, Darbhanga
at Laheriasarai in connection with O.
(Excise) Case No. 41 of 2011 subject to the
following three conditions:-
i) The two bail bonds will be
furnished, one by the Government servant
and the other by a close family relative.
(ii) The petitioner will remain present
in course of trial on each and every day
and his absence even for a single day would
automatically entail the consequences of
cancellation of his bail.
(iii) The petitioner in case is now
made accused in any other criminal case,
that would itself lead to cancellation of
his bail.
Ranjan (Mihir Kumar Jha, J.)