Manoj @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57307 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- GUTHANI District- Siwan ====================================================== 1.

Manoj @ Manoj Kumar, aged about 30 years (Male), S/o Randhir Singh, Resident of Village- Kharawar, P.S. and District- Rohtak (Haryana). 2.

Manjit Singh, aged about 26 years (Male), S/o Jagbir Singh, R/o Churiyana, P.S.- Sapla, District- Rohtak (Haryana).

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Harendra Prasad, Advocate.

For the Opposite Party :

Mr.Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 2376 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 23.06.2019. The petitioners have got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.57307 of 2019(2) dt.11-09-2019 2/2 witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 2376 liters wine is recovered from the Truck in question. The petitioner no. 1 is the driver and petitioner no. 2 is the Khalasi of the Truck in question. They had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, in connection with Guthni P.S. Case No. 98/2019. (Sudhir Singh, J) U.K./- U T