Mannu Das @ Abhimanyu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65563 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== MANNU DAS @ ABHIMANYU DAS Son of Ramnaresh Das Resident of village - Ward - 9, Mahamadpur Shakra, P.S.- Vibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Vandana For the Opposite Party/s :

Ms.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Vibhutipur Police Station Case No. 167 of 2020, registered for the offences punishable under Sections 272/273 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act, 2016. The prosecution case, as per First Information Report, is that the police, on the basis of secret information, intercepted two vehicles, i.e., one Tata Pick-up Van and one Truck, and recovered a total quantity of 5418 litres of illicit liquor from the two vehicles.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.65563 of 2021(2) dt.11-02-2022 2/3 and he has falsely been implicated this case with oblique motive. She further submits that the petitioner is neither the owner nor the driver of any of the vehicles and the name of the petitioner has transpired on the basis of confessional statement made by one co-accused, Kamlesh Kumar Mahto, who was arrested on the spot. She further submits that nothing has been recovered from the conscious possession and/or vehicle or premises belonging to the petitioner. She next submits that coaccused, Kamlesh Kumar Mahto, has been granted bail by a Coordinate Bench of this Court, vide order passed in Criminal Misc. No. 25408 of 2020. She further submits that similarly situated co-accused Osho Rajnish has been granted bail by this Court, vide order passed in Criminal Misc. No.

29319 of 2021. She further submits that the petitioner is in custody since 27.09.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Patna High Court CR. MISC. No.65563 of 2021(2) dt.11-02-2022 3/3 since 27.09.2021, co-accused persons have been granted bail by this Court, charge sheet has already been submitted and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Samastipur, in connection with Vibhutipur Police Station Case No. 167 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √