Manjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2920 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- MANIGACHI District- Darbhanga ====================================================== MANJAY DAS SON OF LATE RAM KHELAWAN DAS RESIDENT OF VILLAGE-NATHODWAR, P.S.-KHANPUR, DISTRICT-SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 30.08.2020 in connection with Manigachhi P.S. Case No. 143/2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, during the course of vehicle checking, the police intercepted one truck and upon search being made, 1743.480 litres of foreign liquor was recovered from the aforesaid vehicle.

It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and the petitioner being Khalasi of the truck was not aware about the nature of consignment. Chargesheet has already been submitted in this case. Petitioner has got no criminal antecedent and he is

Patna High Court CR. MISC. No.2920 of 2021(2) dt.10-03-2021 2/2 in custody since 30.08.2020.

Considering the aforesaid facts and circumstances and that nothing has been recovered from the possession of the petitioner coupled with the fact that petitioner bears a clean antecedent, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Additional District and Sessions Judge-II-cum Special Judge (Excise), Darbhanga, in connection with Manigachhi P.S. Case No. 143/2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T