Manjit @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47310 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Manjit @ Monu Son of Ramesh Kumar, Resident of Village - Bhalout @ Bhalot, P.S.- Sadar Thana Rohtak, District - Rohtak, State - Hariyana. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-11-2022 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 through virtual mode.

The petitioner seeks regular bail in connection with Chapra Mufassil P.S. Case No. 368 of 2022 lodged under Sections 272, 273, 462, 469 & 420/34 of the I.P.C. read with Sections 30(a)/32(i)(ii)/36/41 of Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the total recovery of 1014.75 liters of foreign liquor were made from one Pickup van and one Maruti car.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.47310 of 2022(2) dt.04-11-2022 2/3 submits that petitioner is driver of the Pickup van. The owner was scouting the van by his Maruti car. He further submits that petitioner was completely unaware that what was loaded in the Pickup van. He also submits that petitioner is in custody since 24.05.2022 having clean antecedent. He further submits that petitioner is ready to fulfill all the conditions, whatsoever shall be imposed upon him by the Court.

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 Additional District and Sessions Judge-II-cum-Special Judge, Extra Excise Act, Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 368 of 2022, 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 be resulted into cancellation of

Patna High Court CR. MISC. No.47310 of 2022(2) dt.04-11-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

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