Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22872 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Manoj Kumar, S/o Raj Kumar, resident of Village- Brahampur, P.S. Brahampur, District- Buxar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Ranjan Pd. Singh, Advocate. For the Opposite Party : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 27.02.2017 in connection with Ara Nagar P.S. Case No. 92 of 2017 for the offences instituted under Sections 30(A) and 56 of the Bihar Excise Act.

The prosecution story, in brief, is that while the informant alongwith the police party was on duty, he got confidential information that some persons are coming to Dharman Chowk with wine and on that basis the police went to Dharman Chowk. In the meantime, one vehicle came there and stopped. On suspicion, the police enquired the petitioner who was the driver of the said vehicle. It is further stated that 150 bottles of 750ML of English wine and 46 bottles of 375ML wine was

Patna High Court Cr.Misc. No.22872 of 2017 (2) dt.22-05-2017 2/2 recovered from the said vehicle. The petitioner was the driver of the vehicle and Sonu Kumar and Monu Kumar were doing business of wine alongwith one Pinku Singh who is the owner of a Restaurant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.02.2017. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. It is alleged that 129 liters of foreign liquor is said to have been recovered from a vehicle. The petitioner is said to be the driver of the said vehicle. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned IVth Additional Sessions Judge, Bhojpur at Ara, in connection with Ara Nagar P.S. Case No. 92/2017.

(Sudhir Singh, J) U.K./- U T