Manoj Kumar @ Manoj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22384 of 2020 Arising Out of P.S. Case No.-154 Year-2020 Thana-MEENAPUR District-Muzaffarpur ========================================================================== Manoj Kumar @ Manoj Sahni, Son of Late Sitaram Sahni, Resident of - Gorigama, P.S. - Meenapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP =========================================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-08-2020 Heard Mr. Krishna Kant Singh, learned Advocate for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Meenapur P.S. Case No. 154 of 2020 dated 06.05.2020 instituted for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a)/41(1) of the Bihar Prohibition & Excise Act, 2018.

It has been submitted on behalf of the petitioner that his implication in this case is because of the machinations of the local police. Approximately 4.77 litres of liquor is said to have been recovered from beneath the staircase of the house.

The falsity of the allegation, it has been urged, can be seen from the fact that the seizure list has not been handed over to anyone of the family member residing in the house. The liquor which is said to have been recovered appears to have been planted in the house of the petitioner for the purposes of falsely implicating him. It is also not clear from the FIR that the house is inhibited by any occupant. Apart from this, it has been urged that the petitioner is a person of clean antecedents.

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 Special Judge Excise Act, Muzaffarpur in connection with Meenapur P.S. Case No. 154 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) krishna/- U T