Mannu Kumar (Driver) v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48133 of 2021 Arising Out of PS. Case No.-295 Year-2021 Thana- BEUR District- Patna ====================================================== MANNU KUMAR (DRIVER) Son of Bangali Paswan @ Vijay Paswan Resident of Village- Sharma, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 2, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2022 Heard the learned counsel for the petitioner and Sri Sanjay Kr. Pandey, the learned APP for the State. The petitioner seeks regular bail in connection with Beur PS case no. 295 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016/ Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation is regarding recovery of 150 liters of illicit liquor from a Wagon-R vehicle and 10 liters of illicit liquor from a motorcycle after the police had apprehended the said vehicles and conducted search. The petitioner along with other accused persons are stated to have been arrested from the spot.
Patna High Court CR. MISC. No.48133 of 2021(2) dt.03-03-2022 2/3 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 is languishing in custody since 09.07.2021. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 7 of the present petition that the petitioner is neither the owner of the Wagon-R vehicle nor that of the motorcycle in question. Lastly, it is submitted that the petitioner has been implicated in the present case merely on suspicion.
Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and the petitioner has categorically averred in paragraph no. 7 of the present petition that neither the Wagon-R vehicle nor the motorcycle in question belongs to him, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to
Patna High Court CR. MISC. No.48133 of 2021(2) dt.03-03-2022 3/3 the privilege of bail.
Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Special Judge, Excise Act, Patna in connection with Beur PS case no. 295 of 2021. (Mohit Kumar Shah, J) rinkee/- U T