Manoj Singh @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43102 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== Manoj Singh @ Manoj Kumar S/o Late Yogeshwar Singh, R/o VillageBarda, P.S.- Rani Talab, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Special Excise Case No. 126 of 2022 arising out of Rani Talab P.S. Case No. 09 of 2022 lodged under Sections 30(a), 32(ii) (iii), 36 and 41 of Bihar Prohibition and Excise Act, 2018. As per the prosecution, total 1004.250 litres of foreign liquor were alleged to be recovered from the open field. Learned counsel for the petitioner submits that petitioner was not apprehended from the place of occurrence and his name has figured in this case by virtue of the statement made by the chowkidar. Learned counsel for the petitioner

Patna High Court CR. MISC. No.43102 of 2022(2) dt.31-08-2022 2/3 further submits that charge sheet has already been filed in this case and petitioner is in custody since 29.03.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Special Excise Case No. 126 of 2022, arising out of Rani Talab P.S. Case No. 09 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

Patna High Court CR. MISC. No.43102 of 2022(2) dt.31-08-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T