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Patna High CourtCR. MISC./26193/2021bail granted

Manoj Kumar Maurya v. The State Of Bihar

2021-09-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26193 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- ITARHI District- Buxar ====================================================== 1.

MANOJ KUMAR MAURYA S/O LATE JANG BAHADUR MAURYA R/O VILLAGE KOTHWAR BAZAR, P.S-SARAI KHAJI, DISTRICTJAUNPUR (U.P). 2.

MD. SHUBU S/O MD. USAMAN R/O VILLAGE KOTHWAR BAZAR, P.S-SARAI KHAJI, DISTRICT-JAUNPUR (U.P).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 129.6 liters of liquor was recovered from the vehicle of which the two petitioners were the driver and the khalasi.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the vehicle of the petitioners. They have been falsely implicated in the case. The petitioners are in custody since 12.1.2021 and have no

Patna High Court CR. MISC. No.26193 of 2021(2) dt.24-09-2021 2/2 criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners not having any criminal antecedent, the Court directs the petitioners to be enlarged on bail in connection with Itarhi P.S. Case no. 12 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Buxar. (Partha Sarthy, J) Prakash/- U