Mantu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19330 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== MANTU SINGH Son of Lalan Singh Resident of Village - Dangraha (Dumari Kala), P.S.- Mejorgunj, Distt - Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, the learned APP appearing for the State.

The petitioner seeks regular bail in connection with Mejorgunj P.S. Case No. 216 of 2019, registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recover of 990 liters of illicit liquor from a tata sumo vehicle from where the co-accused person, namely, Sunny Kumar Singh was arrested and in his

Patna High Court CR. MISC. No.19330 of 2020(3) dt.08-06-2020 2/3 confessional statement, he is stated to have named the petitioner herein as his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 28.2.2020. It is further submitted that similarly situated co-accused person has already been granted regular bail by a coordinate Bench of this Court vide order dated 4.3.2020 passed in Criminal Miscellaneous No. 8152 of 2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused person, who has been granted bail by a coordinate Bench of this Court, apart from the fact that the petitioner is having a clean antecedent and he is languishing in custody since 28.2.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to

Patna High Court CR. MISC. No.19330 of 2020(3) dt.08-06-2020 3/3 be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd cum Special Judge Sitamarhi in connection with Mejorgunj P.S. Case No. 216 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T