Manoj Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49525 of 2017 Arising Out of PS. Case No.-67 Year-2017 Thana- LAUKHA District- Madhubani ====================================================== Manoj Kumar Thakur, son of Tirpit Thakur, resident of village- Jhanjharpur, P.S. Jhanjharpur, District-Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Gagandeo Yadav, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Laukaha P.S. Case No.67 of 2017 registered for the offence under Sections 272,273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act,2016 has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that it is true that the petitioner was owner of the Xylo vehicle, from which 8 bottles of Nepali liquor was shown to be recovered, but fact remains that the said vehicle was taken by the Branch Manager and Cashier of H.D.F.C. Bank and the petitioner's driver was driving the said vehicle and they had gone to Nepal and while returning, the said vehicle was intercepted, in which

Patna High Court Cr.Misc. No.49525 of 2017(2) dt.17-10-2017 2/2 recovery was shown. He submits that save and except the petitioner is owner of the said vehicle, there is no material to connect the petitioner. In the said vehicle, liquor was being carried without consent or knowledge of the petitioner. He further submits that the petitioner is having clean antecedent, which fact has been mentioned in paragraph-3 of the petition. Considering the fact that the petitioner is owner of the vehicle as well as clean antecedent of the petitioner, let the petitioner, namely, Manoj Kumar Thakur be released on bail, in the event of his arrest or surrender within six weeks from today, on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum- Special Judge, Madhubani in connection with Laukaha P.S. Case No.67 of 2017, subject to conditions as laid down in Section 438(2) Cr.P.C. (Rakesh Kumar, J) nawalkrs/- U T