Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22432 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- NTPC District- Bhagalpur ====================================================== Monu Kumar, S/O Umesh Kumar Ray R/O Village- Janidih (Ghogha), P.S.- Kahalgaon, District- Bhagalpur Ntpc- 9122 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in a case registered for the offences punishable under Sections 188, 290 of the I.P.C. and Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 25.03.2022, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 112.500 litre of liquor from an auto.

The learned counsel for the petitioner submits that petitioner is neither the owner, nor the driver of the vehicle, who had taken lift and came to be implicated when search was being

Patna High Court CR. MISC. No.22432 of 2022(2) dt.06-05-2022 2/2 made. However, the date of occurrence is 30.01.2022 and the F.I.R. came to be instituted on 31.01.2022, which creates doubt with regard to the allegation.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and petitioner is neither the owner, nor the driver of the auto, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kahalgaon NTPC P. S. Case No.09 of 2022.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T