← Library
Patna High CourtCR. MISC./34397/2017bail granted

Manjeet Kumar And ANR v. The State Of Bihar

2017-08-03Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34397 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -SONO District- JAMUI ======================================================

1. Manjeet Kumar

2. Ranjeet Kumar Both Sons of Uday Rai Resident of Village - Mojipur, P.S. Fatuha, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners seek bail in connection with Sono P.S. Case No. 105 of 2017 registered for the offence punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during course of checking of vehicles, one Indica car was intercepted and the petitioners along with driver, Sanoj Kumar were apprehended and from the bag kept inside the car, 206 liters of country made wine was recovered. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.34397 of 2017 (2) dt.03-08-2017 2/2 petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. He submits that the petitioners are casual labourers at Deoghar and on the way to their village have boarded the vehicle and have no concern with the seized articles. He further submits that nothing has been recovered from the conscious possession of the petitioners, they are neither the driver nor the owner of the car and that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st , Jamui in connection with Sono P.S. Case No. 105 of 2017. (Nilu Agrawal, J.) Arjun/- U T