Patna High CourtCR. MISC./5423/2022bail granted

Manoj Mallo v. The State Of Bihar

2022-05-24Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4834 of 2022 Arising Out of PS. Case No.-367 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== SANJAY SONKAR S/o Jitan Ram Sonkar R/o village- Shop No.- 38, Chaibasa, P.S.- Sadar, District- West Singhbhum, (Jharkhand) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5423 of 2022 Arising Out of PS. Case No.-367 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== MANOJ MALLO Son of Jiten Mallo Resident of Village- Shop No.-180, Amala Tola, Chaibasa, P.S.- Sadar, District- West Singhbhum (Jharkhand). ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 4834 of 2022) For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Md. Nazir Ansari (In CRIMINAL MISCELLANEOUS No. 5423 of 2022) For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

These are the applications for regular bail on

Patna High Court CR. MISC. No.4834 of 2022(2) dt.24-05-2022 2/3 behalf of the petitioners for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Maniyari P.S.Case No. 367 of 2021.

As per allegation, both the petitioners were arrested from a vehicle and 441 litres of liquor was recovered from that vehicle.

The learned counsel for the petitioners has submitted that the petitioner Sanjay Sonkar is the driver of the vehicle, whereas the petitioner Manoj Mallo is co-driver of the vehicle. Both the petitioners are persons of clean antecedents and they are in custody since 04.11.2021.

Considering the above facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Maniyari P.S.Case No. 367 of 2021, subject to the following conditions:-

1. The petitioners shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. At the time of furnishing bail bonds, the

Patna High Court CR. MISC. No.4834 of 2022(2) dt.24-05-2022 3/3 petitioners shall file affidavit(s) to the effect that they shall not indulge themselves in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T