Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29677 of 2021 Arising Out of PS. Case No.-287 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== MANJAY KUMAR Son of Kishun Chand Mahto Resident of Village - Purnahi, P.S. Waris Nagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016 and sections 461, 468, 471 and 120B of the Indian Penal Code. As per the prosecution case, 3104.25 litres of liquor was recovered from the truck and the driver and the petitioner were taken into custody.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no concern with the truck in question or with the seized liquor. He had merely taken a lift in the truck. The driver of the truck has been enlarged on bail vide order dated 23.11.2021 passed in Cr. Misc. No. 27422 of 2021. The petitioner is in custody since

Patna High Court CR. MISC. No.29677 of 2021(3) dt.20-01-2022 2/2 22.12.2020 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 1 year and having no criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Waris Nagar P.S. Case no. 287 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II - cum - Special Judge, Excise, Samastipur.

(Partha Sarthy, J) Spd/- U T