Mani Bhushan @ Gappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50353 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- NADI P.S. District- Patna ====================================================== MANI BHUSHAN @ GAPPU S/O SHASHI BHUSHAN SINGH @ SHASHI BHUSHAN YADAV R/o village- Jethuli, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2022 Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Nadi PS Case No. 04/2021, Special Case No. 171/2021 registered for the offences punishable under Sections 30(a)/36/41(1)/45 of Bihar Prohibition & Excise Act 2016.

The allegation in nutshell is that the Police has got secret information that one truck bearing registration No. UK08CA-9493 loaded with illicit foreign liquor is coming near the St. Joseph Convent School, proceeded towards the place of occurrence, and upon seeing the Police party, some persons along with their vehicles succeeded in fleeing away. However, the Police intercepted three cars (1) Maruti Suzuki-Wagon-R

Patna High Court CR. MISC. No.50353 of 2021(2) dt.08-02-2022 2/3 bearing Registration No. BR13D-3063, (2) Datusun bearing Registration No. BR-31AN-5198 and (3) Maruti Suzuki-WagonR bearing Registration No. BRO1AT-9688 and recovered 36 litres of illicit liquor from the car in which co-accused Raju Malakar was sitting, 72 litres of illicit liquor from Maruti Suzuki-Wagon-R bearing Registration No. BR13D-3063 and 36 litres of illicit liquor from the car bearing Registration No. BR31AN-5198 in which co-accused, Mithun Kumar was sitting. The arrested co-accused persons disclosed the names of 21 FIR-named accused persons including the petitioner, who were also involved in the trade of illicit liquor.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of disclosure of his name made by co-accused Rajnish Kumar who has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 35784 of 2021. He next submits that co-accused Raju Malakar and Mithun Kumar have also been granted bail by this Court in Cr. Misc. 34254 of 2021.The petitioner is in custody since 19.07.2021.

Having regard to the submissions made by the parties and taking into consideration the material on record, the fact that similarly situated co-accused persons have been granted

Patna High Court CR. MISC. No.50353 of 2021(2) dt.08-02-2022 3/3 bail by this Court as well as co-ordinate Bench of this Court and petitioner is in custody since 19.07.2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Nadi PS Case No. 04/2021, Special Case No.171/2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T