Manoj Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10381 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -GURUA District- GAYA ====================================================== Manoj Kumar @ Lalu, S/o Rajendra Yadav, R/o Village- Jaitiya , P.S.- Bandeya (Goh) Distt.- Aurangabad (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar, Advocate. For the Opposite Party : Mr. Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 26.12.2017 in a case for the offence registered under Sections 30(a), 38, 47 of the Bihar Prohibition and Excise Act, 2016, 272 and 273 of the IPC.

The prosecution story, in brief, is that total 720 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in

Patna High Court Cr.Misc. No.10381 of 2018 (2) dt.22-02-2018 2/2 the present case. It is alleged that total 720 liters wine is recovered from Tata Sumo vehicle in question. The vehicle in question does not belong to the petitioner. The name of the petitioner has come on the basis of alleged recovery made from the vehicle in question. There is no compliance of Section 100 Cr. P.C. Other co-accused person has been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 8680 of 2018 dated 17.02.2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, (Excise), Gaya,, in connection with Gurua P.S. Case No. 189 of 2017.

U.K./- (Sudhir Singh, J) U T