Mantu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1947 of 2022 Arising Out of PS. Case No.-1002 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Mantu Paswan S/O Late Gorakh Paswan Resident Of Village- Ranipur, P.S. Phulwari Sharif District- Patna 2.

Fekan Manjhi S/O Ram Jatan Manjhi Resident Of Village- Ranipur, P.S. Phulwari Sharif District- Patna 3.

Ajay Kumar S/O Puna Manjhi Resident Of Village- Kurkuri P.S. Phulwari Sharif, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Saket Anand For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in connection with Phulwari Sharif P. S. Case No.1002 of 2021, Special (Excise) Case No.7777 of 2021, instituted for the offences under Section 30(a) of the Excise Act.

The learned counsel for the petitioners submits that the petitioners are in custody since 23.11.2021, they are persons with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 120 litre of liquor out of which, 15, 25 and 25 is alleged to have been recovered from the petitioners respectively.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.1947 of 2022(2) dt.04-03-2022 2/2 petitioners have been falsely implicated. Nothing was recovered from their possession. The real culprits after throwing the liquor fled and the petitioners along with Anshu Ram, Fekan Manjhi and Ajay Kumar, who were passing through the area, came to be implicated by distributing the said thrown liquor on them. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody, they are persons with clean antecedent and chargesheet has been submitted in the case, the petitioners, abovenamed, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna Sadar/ concerned Court in connection with Phulwari Sharif P. S. Case No.1002 of 2021, Special (Excise) Case No.7777 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T