Mantoo Kumar @ Mantu Kumar @ Mantu Yadav @ Mantun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45573 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- DAGARUA District- Purnia ====================================================== MANTOO KUMAR @ MANTU KUMAR @ MANTU YADAV @ MANTUN KUMAR Son of Vijendra Yadav @ Vijendar Yadav Resident of Village- Tamaut Parsa (tamaur Parsa), P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Ms.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 487.6 litres of liquor was recovered from the tractor and the petitioner who was sitting on the tractor was also taken into custody.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. He was arrested from near the place of occurrence. He was not on the tractor. He has no concern either with the seized liquor or with the tractor in question. He is

Patna High Court CR. MISC. No.45573 of 2021(3) dt.28-02-2022 2/2 in custody since 27.2.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner having remained in custody for 1 year, the Court directs the petitioner to be enlarged on bail in connection with Dagarua P.S. Case no. 59 of 2021 corresponding to Special (Excise) Case no. 182 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Purnea.

(Partha Sarthy, J) Prakash/- U