Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3525 of 2019 Arising Out of P.S. Case No.-165 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== Manoj Singh aged about 35(M), son of Jagu Singh Resident of VillageTenua, P.S.- Karakat, District - Rohtas ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr.Ansar Ul Haque, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 04.11.2018 in connection with Karakat P.S.Case No.165 of 2018 for the offence alleged under Sections 30(a) and 36 of the Bihar Excise and Prohibition Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information in the Community Hall, Raghunathpur, one Ashok Yadav has concealed huge consignment of illicit liquor and is intending to transfer it somewhere. On search 1080 litres of Indian Made Foreign liquor was recovered from the Community Hall and five to seven persons were found fleeing amongst whom five were recognized by the Chaukidar which included the petitioner.

Patna High Court Cr.Misc. No.3525 of 2019(2) dt.25-01-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. Nothing has been recovered from his conscious possession and it is only on suspicion that the petitioner has been made accused on the statement of the Chaukidar. Petitioner undertakes not to induce the witnesses or tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and one more case for similar offence is pending against him.

Considering the facts and circumstances and the nature of allegations, 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 in connection with Karakat P.S.Case No.165 of 2018 to the satisfaction learned 2nd Additional District and Sessions Judgecum-Special Judge, Excise, Rohtas at Sasaram, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.3525 of 2019(2) dt.25-01-2019 3/3 (ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) B.Kr./- U T