Manoj Kumar @ Manoj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8623 of 2019 Arising Out of PS. Case No.-793 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Manoj Kumar @ Manoj Kumar Gupta S/o Ayodhya Prasad @ Ayodhya Prasad Gupta Resident of Village- Neer Jajha Durga Mandir, P.S.- Jhajha, Distt.- Jamui, at present Om Sai Apartment, Nala Road, P.S- KadamKuan, Dist-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Kadamkuan PS case no. 793 of 2018 registered for the offence punishable under Sections 414, 413/34 of Indian Penal Code, 3(2)/ 5(D)/6/9 of Immoral Traffic Prevention Act and Section 30(a) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding the raid having been conducted by the police in the house of one Ashok Kr. Khandelia and the petitioner and other co-accused persons were found in the company of women in an objectionable position. Upon inspection of the premises, one double barrel gun, some cartridges and some liquor were recovered.

Patna High Court Cr.Misc. No.8623 of 2019(2) dt.14-02-2019 2/2 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case and admittedly, the gun and the liquor belong to the owner of the said house i.e. Ashok Kr. Khandelia. It is further submitted that the petitioner is having clean antecedent and is languishing in custody since 30.12.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (Excise), Patna in connection with Kadamkuan PS case no. 793 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T