Munchun Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50856 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- JANTA BAZAR District- Saran ====================================================== Munchun Nut, Son Of Sudama Nut Residents Of Village- Banpura, Ps- Janta Bazar, Distt- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent three cases and the allegation is of recovery of 35 litres of liquor from the possession of three accused named in the F.I.R. and 15 litres of liquor from a motorcycle.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would

Patna High Court CR. MISC. No.50856 of 2023(2) dt.07-08-2023 2/2 use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated, when petitioner already has criminal antecedent. It is further submitted that petitioner was completely unaware that Seema Devi would misuse the vehicle being a woman.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Janta Bazar P. S. Case No.88 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T