Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48161 of 2021 Arising Out of PS. Case No.-240 Year-2021 Thana- RAJAON District- Banka ====================================================== 1.
Monu Kumar S/O Hira Lal Singh 2.
Niranjan Kumar Yadav S/O Kameshwar Yadav, Both R/O Village-Dubouni, P.S- Amarpur, District-Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Adv.
For the Opposite Party/s :
Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-01-2022 The matter has been listed today for consideration through virtual mode.
Heard learned counsel appearing on behalf of the petitioners as well as learned Additional Public Prosecutor appearing for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioners who are in custody since 03.07.2021 seeks bail in connection with Rajaoun P.S. Case No.240/2021 registered for offence punishable under Section 30(a), 32(2) of the Bihar Prohibition and Excise Act, 2018.
Prosecution case in brief, is that altogether 37.5 liters of illicit liquor was recovered from Maruti Alto Car bearing registration no.BR51E5582 and 53.8 liters of illicit liquor was
Patna High Court CR. MISC. No.48161 of 2021(2) dt.13-01-2022 2/3 recovered, in presence of the petitioners.
Learned counsel appearing on behalf of the petitioners submit that petitioners were passenger on Maruti Alto Car and they have no where concerned with the illicit liquor loaded on the said car. He further submits that neither they have owner of the said vehicle and have clean antecedent.
Learned APP for the State vehemently opposes the prayer for grant of bail to the petitioners.
Considering the afore-mentioned facts and circumstances and of the case, it is directed that the court below after verifying the criminal antecedent of the petitioners and if no other criminal case is pending against the petitioners as what has been stated in paragraph no.3 of the bail petition, the petitioners, above named, be released on bail on furnishing bail bond of Rs.1,00,000/-(Rupees One Lac) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IInd, Banka in connection with Rajaoun P.S. Case No.240/2021, subject to the following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
Patna High Court CR. MISC. No.48161 of 2021(2) dt.13-01-2022 3/3
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(4) If the petitioners are found involved in similar nature of offence, after release on bail, the trial court shall take steps to cancel his bail bonds.
(Purnendu Singh, J) Prakash Narayan /- U T