Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37301 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== MANTU KUMAR S/O SUDHIR KUMAR R/O VILLAGE-BHUAPUR, P.S. JAMUHAR DISTRICT- AURANANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Jauhar P.S. Case No. 46 of 2021 registered for the offence under Sections 420, 120(B) and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 255 liters of foreign liquor.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact,

Patna High Court CR. MISC. No.37301 of 2021(3) dt.03-12-2021 2/3 nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the vehicle in question, which is evident from the seizure list itself. Neither the petitioner happens to be driver of the vehicle in question nor he is the owner of the said vehicle. The entire F.I.R. is false and fabricated one. The petitioner is rotting in judicial custody since 04.04.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Aurangabad in connection with Jauhar P.S. Case No. 46 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.37301 of 2021(3) dt.03-12-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T