Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61193 of 2021 Arising Out of PS. Case No.-136 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.
MANOJ KUMAR SON OF BADRI RAY @ VADRI RAY R/O VILLAGEMATAWANA TOLA WARD NO.-11 @ MATAUNA TOLA, P.S.- SURSAND, DISTRICT- SITAMARHI 2.
DINESH RAI @ DINESH RAY SON OF PRADEEP RAY @ PARDEEP RAY R/O VILLAGE- BHUTAHA WARD NO.-2, P.S.- PUPRI @ PUPARI, DISTRICT- SITAMARHI AT PRESENT RESIDENT OF VILLAGEBHITAHA, P.S.- SURSAND, DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in connection with G.O. Case No.136 of 2021, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The learned counsel for the petitioners submits that the petitioners are in custody since 06.08.2021, they are persons with clean antecedent and prosecution report has been submitted in the case.
Allegation is of recovery of 180 litre of Nepali liquor from a bag which the petitioners were carrying on their heads and threw the same on the ground on seeing the S.S.B.
Patna High Court CR. MISC. No.61193 of 2021(2) dt.28-01-2022 2/2 Personnel.
The learned counsel for the petitioners submits that they have been falsely implicated in the case. They were coming from the side of Nepal and the S.S.B. Personnel had already seized the said liquor and the real culprit has fled away, the petitioners came to be implicated.
The learned A.P.P. for the State opposes the bail application.
Considering the fact that the petitioners are in custody since 06.08.2021, they are persons with clean antecedent and prosecution report has been submitted in the case, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with G.O. Case No.136 of 2021.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T