Manjit Singh @ Kala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67410 of 2021 Arising Out of PS. Case No.-879 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Manjit Singh @ Kala Son Of Sardar Mokhtar Singh Resident Of Patel Nagar, Tahsil Camp, House No.5/14, P.S.- City Town, District- Panipat (Haryana) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2022 This case has been taken up out of turn on the mentioning of the learned counsel for the petitioner on the ground that brother of the petitioner died on 29.01.2022 and in support of which, a supplementary affidavit has been filed on 31.01.2022, which presently is not on record, but the Court believes the submission of the learned counsel for the petitioner that supplementary affidavit has been filed and the supplementary affidavit application for obtaining death certificate of the brother of the petitioner has been annexed. Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Special Case No.5855 of 2021 arising out of Agamkuan P. S. Case No.879 of 2021, instituted for the offences under Sections 30(a),

Patna High Court CR. MISC. No.67410 of 2021(2) dt.03-02-2022 2/3 32(3), 41(1) of the Bihar Prohibition and Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is in custody since 19.09.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 8653.68 litre of foreign liquor from a truck as detailed in the F.I.R. and the petitioner is alleged to be the cleaner of the truck.

The learned counsel for the petitioner submits that petitioner being cleaner, was not aware what was loaded in the truck by the owner of the truck.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in the case and a supplementary affidavit has been filed with regard to death of his brother, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.5855 of 2021 arising out of Agamkuan P. S. Case

Patna High Court CR. MISC. No.67410 of 2021(2) dt.03-02-2022 3/3 No.879 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T