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Patna High CourtCR. MISC./356/2018bail granted

Manoj Singh v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.356 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Manoj Singh, Son of Late Dharamdeo Singh, Resident of Village-Kona, P.S.-Rafiganj, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rafiganj P.S. Case No. 187 of 2017 instituted for the offences under Sections 30A, 38(I) and 38(II) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 542 litres of illicit foreign liquor from a Scorpio vehicle said to be standing at the door of the petitioner herein.

The learned counsel for the petitioner submits that the said vehicle might have been parked by some one since the said vehicle does not belong to the petitioner and the spot where the vehicle was parked is tenanted as well as the petitioner had gone to attend Shradh ceremony of his aunt. It is further submitted that

Patna High Court Cr.Misc. No.356 of 2018 (2) dt.18-01-2018 2/2 neither the petitioner has been arrested from the spot nor any recovery has been made from his conscious possession. It is submitted that the petitioner is in custody since 18.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, (Excise), Aurangabad in connection with Rafiganj P.S. Case No. 187 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T