Mannu Kumar @ Manu Kumar @ Munnu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36663 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- AMNAUR District- Saran ====================================================== Mannu Kumar @ Manu Kumar @ Munnu Kumar Son Of Mahesh Prasad Resident Of Village - Vikrampur Kurmi Tola, P.S. - Madhaura, District - Saran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alka Panday, Adv.
For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Amnour P.S Case No. 318 of 2023 registered for the offences punishable under Sections 414, 420, 467, 468, 471 of the I.P.C and 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, total 103.680 litre illicit liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It
Patna High Court CR. MISC. No.36663 of 2024(2) dt.21-05-2024 2/3 is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness. It is next submitted that coaccused have already granted bail by the Co-ordinate Benches of this Court vide order dated 24.04.2024, 18.04.2024, 10.04.2024 passed in Cr. Misc. No. 31725 of 2024, 28699 of 2024 and 28120 of 2024. It is also submitted that petitioner is in judicial custody since 10.02.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Judge,
Patna High Court CR. MISC. No.36663 of 2024(2) dt.21-05-2024 3/3 Excise, Saran at Chapra in connection with Amnour P.S Case No. 318 of 2023.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T