Manjit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38322 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== MANJIT SINGH Son of Late Sulakhan Singh Resident of Village and P.S.- Batala, District - Gurudaspur (Punjab).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Mairwa P.S. Case No.104 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The petitioner has been apprehended by the police during vehicle checking and on search 145.755 liters of illicit liquor were recovered from his Magic vehicle.
Patna High Court CR. MISC. No.38322 of 2021(2) dt.17-09-2021 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence has ever taken place. No incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has been falsely implicated in this case due to police mechanism on the basis of secret information. The petitioner has no concern with the alleged recovered article and vehicle but he has been made scapegoat in the instant case by the police on the instance of his enemies of the village, who has given wrong information to the police. Petitioner has no criminal antecedent, as mentioned in para-3 of the bail application and has been languishing in custody since 06.04.2021.
Petitioner is agreed to deposit a sum of Rs. 10,000.00/- (Rupees Ten Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.38322 of 2021(2) dt.17-09-2021 3/3 learned Additional Sessions Judge, 2nd cum Special Judge (Excise), Siwan, in connection with Mairwa P.S. Case No.104 of 2021, with the following conditions:- (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000.00/- (Rupees Ten Thousand) in the Chief Minister's Relief Fund, Bihar.
(Anjani Kumar Sharan, J) pallavi/- U T