Mantu Kumar @ Bablu @ Gorka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40080 of 2021 Arising Out of PS. Case No.-273 Year-2020 Thana- DIDARGANJ District- Patna ====================================================== MANTU KUMAR @ BABLU @ GORKA S/o Shiv Pujan Ray Resident of Village- Didarganj, Bichla Tola, Police Station- Didarganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 7621 of 2020 arising out of Didarganj P.S. Case No. 273/2020, registered for the offence punishable under Section 30(a)/ 36 of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 280 liters of illicit liquor from the house of the co-accused person including the petitioner from where the brother of the petitioner was arrested.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 8.3.2021. The learned counsel

Patna High Court CR. MISC. No.40080 of 2021(2) dt.14-12-2021 2/2 for the petitioner has further submitted that the house in question is in joint possession of the petitioner and his brother and his brother has already been arrested and subsequently he has also been enlarged on bail. Per contra, the learned APP for the State has 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 on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 7621 of 2020 arising out of Didarganj P.S. Cas No. 273 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T