Manoj Sah @ Manoj Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63145 of 2021 Arising Out of PS. Case No.-223 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== MANOJ SAH @ MANOJ KUMAR SAH Son of Bindeshwar Sah Resident of Village - Kamla Bari Goth, P.S.- Jainagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 450 litres of Nepali Saufi wine was recovered from the tempo and the petitioner and others were taken into custody.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case only for the reason that he was one of the passengers in the said tempo. He has no concern either with the seized liquor nor with the tempo in question. He is in custody since 12.8.2021 and has no
Patna High Court CR. MISC. No.63145 of 2021(2) dt.13-04-2022 2/2 criminal antecedent. Other co-accused have been enlarged on bail vide order dated 31.3.2022 passed in Cr. Misc. no.55937 of 2021 and order dated 31.3.2022 passed in Cr. Misc. no.56104 of 2021.
Having heard learned counsel for the parties and taking into consideration the facts of the case, chargesheet having been submitted, the petitioner not having any criminal antecedent and grant of bail to the above referred two coaccused, the Court directs the petitioner to be enlarged on bail in connection with Jainagar P.S. Case no.223 of 2021 (G.R. no.1397 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge, Excise Act, Madhubani. (Partha Sarthy, J) Saurabh/- U T