Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7143 of 2018 Arising Out of PS. Case No.-160 Year-2017 Thana- SARE District- Nalanda ====================================================== Manoj Kumar, Son of Doman Singh, Resident of Village- Bhikhari Bigha, P.S.- Sare, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sare P.S. Case No. 160 of 2017 registered under Sections 272, 273 of the Indian Penal Code and Sections 30(a) (c) (d) 33, 36 of Bihar Excise Act-2016 290 lts. of country made liquor, 90 lts. of raw spirit and machine meant for packing the pouch were recovered from the premises of Vaishnavi Fansi Paper Plate factory and 10.5 lts. of foreign liquor was recovered from the Scoda Rapid car. Seeing the police party, other accused persons managed to escape while petitioner was apprehended.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.7143 of 2018(2) dt.13-02-2018 2/2 the petitioner is having field adjacent to the premises of the said factory and was ploughing the field at the time of occurrence. All the accused persons involved in the occurrence managed to escape but police falsely apprehended the petitioner from his field and roped in the case. No incriminating article has been recovered from his conscious physical possession. Petitioner has neither any concern with the said premises of the factory nor with the car nor with the seized liquor. He has no criminal antecedent. He has been languishing in custody since 12.12.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Vith A.D.J.-cumSpecial Judge, Excise Nalanda at Bihar Sharif Sare P.S. Case No. 160 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T