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Patna High CourtCR. MISC./22354/2020bail granted

Manoj Singh @ Manoj Bahardar @ Manoj v. The State Of Bihar

2020-08-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22354 of 2020 Arising Out of P.S. Case No.-211 Year-2019 Thana-BHARGAMA District-Araria ========================================================================== Manoj Singh @ Manoj Bahardar @ Manoj, Son of Jhadi @ Jhadi Lal Singh, Resident of Village - Godhi Tola, P.S. - Araria, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bikram Deo Singh, Advocate Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP =========================================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-08-2020 Heard Mr. Bikram Deo Singh, learned Advocate for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Bhargama P.S. Case No. 211 of 2019 dated 28.08.2019 instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the FIR that while investigation of Araria P.S. Case No. 717 of 2019 instituted for the offences under Sections 364A, 386 and 120B IPC, it was learnt by the police party that huge quantity of liquor has been stored in the bamboo cluster of one accused viz.

Suman Kumar Jha. A search accordingly was made and 343.125 litres of liquor was recovered from the aforesaid bamboo grove. It has been urged on behalf of the petitioner that he is not named in the FIR and the recovery of the liquor is from the house of coaccused Suman Kumar Jha. His implication in the present case is only on the basis of the confession made by one Sintu Mandal. Apart from this, there is no material to connect the petitioner with the offence. Regard being had to the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of this order on his furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Spl. Judge, Araria in connection with Bhargama P.S. Case No. 211 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) krishna/- U T