Munna Rajbanshi @ Munna Rajbashi @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54766 of 2022 Arising Out of PS. Case No.-487 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== Munna Rajbanshi @ Munna Rajbashi @ Munna Kumar, S/O Kuleshwar Rajbanshi, Resident of Village- Hazidhaw, P.S.- Narhat, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kumar, Advocate For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Akbarpur P.S. Case No. 487 of 2021 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, 111 liters of country made mahua liquor was recovered from motorcycle borne co-accused Dhanu Kumar who has named this petitioner to whom the coaccused was going to sell the liquor. Motorcycle was also said to be stolen one.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54766 of 2022(2) dt.23-11-2022 2/3 petitioner has been falsely implicated in this case as he has no concern with the alleged occurrence. The petitioner was not apprehended from the spot and no recovery has been made from him. Nothing incriminating has been recovered from his conscious possession. The petitioner has been apprehended merely on the basis of the statement of co-accused person without any corroborative material. The petitioner is in custody since 06.05.2022 and charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the petitioner is an accused of number of cases and he is a habitual offender.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from him and further considering the submission of charge-sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I, Excise Act, Nawada in connection with Akbarpur P.S. Case No. 487 of 2021, subject to the conditions mentioned in

Patna High Court CR. MISC. No.54766 of 2022(2) dt.23-11-2022 3/3 Section 437(3) of the Cr.P.C. and the following conditions: (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U