Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19244 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Mantu Kumar S/O Mohan Prasad Yadav Resident Of Village- Sonbersa, P.S.- Harsidhi, Distt- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 268.020 litres of I.M.F.L. from a car bearing Reg. No. BR-31X0991. The petitioner is alleged to be driver of the aforesaid car.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been

Patna High Court CR. MISC. No.19244 of 2023(2) dt.18-05-2023 2/3 implicated in the present case. He has no concern either with the alleged seizure or with the vehicle in question. It is further submitted that owner of the said vehicle is one Saurav Kumar, who has already been granted anticipatory bail. Moreover, the petitioner is languishing in judicial custody since 16.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IIcum-Special Excise Court No. 1, Gopalganj in connection

Patna High Court CR. MISC. No.19244 of 2023(2) dt.18-05-2023 3/3 with Kateya P.S. Case No. 10 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T