Manoj Chero v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37050 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== MANOJ CHERO Son of Shivpujan Chero Resident of Village- Katraur @ Katroad, P.S.- Adhaura, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 912 of 2020 arising out of Adhaura P.S. Case No. 81 of 2020 for the offence registered under Sections 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery off 35 litres of illicit liquor and one gun (broken condition) from the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 21.12.2020.

Per contra, the learned counsel for the State has

Patna High Court CR. MISC. No.37050 of 2021(2) dt.14-12-2021 2/2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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), Kaimur at Bhabua/ A.D.J.-IInd-cum-Special Judge (Excise) Act, Kaimur at Bhabua in connection with Excise Case No. 912 of 2020 arising out of Adhaura P.S. Case No. 81 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T