Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2382 of 2020 Arising Out of PS. Case No.-385 Year-2016 Thana- SARAIYA District- Muzaffarpur ====================================================== MANOJ KUMAR, aged about 39 years, Male, S/o Sri Amrit Singh R/o House No. 47, Village- Samalak Near Primary School, P.S.- Kapshera, New Delhi ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Parasmani, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Saraiya P.S. Case No. 385 of 2016, registered under Sections 272, 273, 420 and 120B of the Indian Penal Code and 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving secret information about carrying the liquor loaded in a container, bearing registration no. HR-55T-8043, escorted by Indigo car, bearing registration no. BR-01CM-0814, in the supervision of Krishna Kumar Sharma to supply the same to Sandeep Kumar Singh, son of Phulgendra Singh, of village Fanda Thana, Farooque Nagar, Gurgaon, Haryana, the informant, along with other police personnel, started checking of the aforesaid vehicle, signal was given to stop, behind the aforesaid vehicle, Indigo

Patna High Court CR. MISC. No.2382 of 2020(2) dt.24-01-2020 2/2 car was also stopped. On opening the container (vehicle) several bottles of Indian made foreign liquor found in volume of 4328 liters. Two persons, who were apprehended from container, disclosed their name Ashok (driver), son of Mahipal, and Yogendra Yadav (cleaner), son of Jagdish Yadav. The person, who was apprehended in Indigo car, disclosed his name Krishna Kumar Sharma. The caught-hold persons disclosed that the main figure in dealing the liquor is Ramesh Shivhare, on whose instruction, they manage to load the liquor near Airport, Mahipal, Vilas Police Chowki.

Submission is that the petitioner was not apprehended at the spot and is in custody since 16.12.2019. Having regard to the facts and circumstances of the case, 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 Saraiya P.S. Case No. 385 of 2016 to the satisfaction of the Special Judge, Excise, Muzaffarpur.

(Rajendra Kumar Mishra, J) Shamshad/- U T