Mantu Kumar @ Mantu Chaudhary @ Mintu Kumar @ Mintu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40822 of 2023 Arising Out of PS. Case No.-509 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Mantu Kumar @ Mantu Chaudhary @ Mintu Kumar @ Mintu Chaudhary Son of Shambhu Chaudhary @ Shambhu Mahto Resident of village - Jhakhiya, P.S. - Banjariya, District. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Banjariya (Excise) P.S. Case No. 509 of 2023 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
As per prosecution case, there is recovery of 70 liters of illicit liquor from motorcycle of the petitioner. Learned counsel for the petitioner submits that the petitioner is not the owner of the motorcycle and he has no concern with the alleged motorcycle. The petitioner is quite innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no criminal
Patna High Court CR. MISC. No.40822 of 2023(2) dt.14-07-2023 2/2 antecedent and he is languishing in jail custody since 25.02.2023. Charge sheet has already been submitted in this case and there is no chance of absconding or tampering with the evidence.
Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, Motihari, East Champaran in connection with Banjariya (Excise) P.S. Case No. 332 of 2022. (Sunil Dutta Mishra, J) shweta/- U T