Mantu Kumar Rai@Mantu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16018 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Mantu Kumar Rai@Mantu Kumar Yadav S/O Genar Rai @ Gana Ray Village- Makanpura, P.S- Jalalpur, Distt.- Chhapra ( Saran) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 202 liter 830 ml liquor from a Vagon R vehicle bearing Reg. No. DL3CAW-0126. It if further alleged that the petitioner was apprehended on the spot after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.16018 of 2023(2) dt.11-05-2023 2/3 falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. It is further submitted that nothing incriminating material has been recovered from his conscious possession. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Siwan Muffasil P.S. Case No. 03 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-2, Siwan.

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

Patna High Court CR. MISC. No.16018 of 2023(2) dt.11-05-2023 3/3