Patna High Court/11836/2021bail granted

Manish Kumar Chaudhary v. The State Of Bihar

2021-08-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11836 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Manish Kumar Chaudhary Son of Umesh Chaudhary Resident of Village - Manjhaul Ward No. 4, P.S.- Cheria Bariarpur (Manjhaul O.P.), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv.

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh no.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 As per allegations in the F.I.R., a total of 4181.4 litres of IMFL was recovered and the driver, khalasi and petitioner were taken into custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. There is a discrepancy in the preparation of the seizure list. The petitioner was merely a stranger who had taken

Patna High Court CR. MISC. No.11836 of 2021(3) dt.16-08-2021 2/2 lift on the truck. He has no criminal antecedent and is in custody since 30.11.2020. Investigation in the case has concluded. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the report received from the office of the Superintendent of Police, Begusarai, wherein it is stated that the petitioner has no criminal antecedent together with the petitioner being in custody for over 8 months, the Court directs the petitioner to be enlarged on bail in connection with Complaint Case no.239C2/2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Bibhash U