Mantun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48500 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== Mantun Rai Son of Late Ramdev Rai Resident of village- Mathurapur, PSManiyari, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 At the very outset, it has been submitted that the name of the petitioner has been wrongly typed as Muntun Rai instead of Mantun Rai.

Learned counsel for the petitioner submits that he has filed supplementary affidavit and he seeks permission to remove the defect in course of the day.

Permission granted.

Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Maniyari P.S. Case No. 155 of 2021 lodged under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 161.640 liter of foreign wine has been made, which is subject matter of the present case.

Patna High Court CR. MISC. No. 48500 of 2022(3) dt.06-12-2022 2/2 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the said liquor has not been recovered from petitioner's possession rather it has been recovered from some other place. He further submits that petitioner is in custody since 29.04.2022 having clean antecedent. Charge-sheet has already 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 Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Court-2, Muzaffarpur in connection with Maniyari P.S. Case No. 155 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

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