Manoj Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43093 of 2022 Arising Out of PS. Case No.-299 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Manoj Bhagat Son of Late Ram Naresh Bhagat R/o Village- Bahdinpur, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Paroo P.S. Case No. 299 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, total recovery of 202.59 litres foreign liquor was made from a TATA Magic. Learned counsel for the petitioner submits that petitioner was not apprehended from the place of occurrence. His name has figured in this case by virtue of the statements/identification made by the chaukidar and villagers. He further submits that the antecedent of the petitioner is clean and he is in custody since 29.06.2022, charge sheet has already

Patna High Court CR. MISC. No.43093 of 2022(2) dt.31-08-2022 2/2 been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court No. II, Muzaffarpur in connection with Paroo P.S. Case No. 299 of 2021, 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.

With this observation, the bail application stands allowed.

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