Manoj Upadhyay @ Manoj Kumar Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36924 of 2021 Arising Out of PS. Case No.-467 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== MANOJ UPADHYAY @ MANOJ KUMAR UPADHYAY S/O LATE DINA NATH UPADHYAY R/O VILLAGE-ARIAON, P.S- KRISHNA BRAHM, DISTRICT-BUXAR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2022 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 section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 774.54 litres of liquor was recovered from a Scorpio vehicle and the petitioner was identified running away from the same.
It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has no concern either with the Scorpio vehicle in question nor with the seized liquor. He has no criminal antecedent and is in
Patna High Court CR. MISC. No.36924 of 2021(3) dt.03-02-2022 2/2 custody since 8.3.2021. Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot nor having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Brahmpur (Krishna Brahm) P.S. Case no.467 of 2019 (C.I.S. no.960 of 2019) 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 Additional Sessions Judge II-cum-Special Judge, Excise, Buxar. (Partha Sarthy, J) Saurabh/- U T