Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45982 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.

Mohan Kumar Son Of Kamla Prasad Singh Resident Of Village - Madhopura Amanar, P.S.- A. Kangar Sarai, Distt.- Nalanda. 2.

Jitan Manjhi Son Of Late Brahn Manjhi Resident Of Village - Tarapur Musahri, P.S.- A. Kangar Sarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2021 Heard the learned senior counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Ganga Bridge P. S. Case No.105 of 2021, instituted for the offences under Sections 420, 467, 478, 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The learned senior counsel for the petitioners submits that the petitioners are in custody since 16.05.2021, they are persons with clean antecedents and charge-sheet has been submitted in this case.

Allegation is of recovery of 128.520 litre of liquor from a car as detailed in the F.I.R. during checking. It is alleged

Patna High Court CR. MISC. No.45982 of 2021(2) dt.10-12-2021 2/2 that the accused was using the board of BJP Ex-District President, as such, Section 420 of the I.P.C. and other Sections of the I.P.C. has been incorporated, but sum and substance, the case is under the Excise Act.

The learned senior counsel for the petitioners submits that the petitioners are not the owner of the car and as such, were not aware what was being transported in the car as they were sitting merely as guest of the owner in the car. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioners are in custody since 16.05.2021, they are persons with clean antecedents and charge-sheet has been submitted in this case, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Ganga Bridge P. S. Case No.105 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T