Mantu Kumar Yadav @ Manas Kumar @ Malas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61219 of 2023 Arising Out of PS. Case No.-384 Year-2021 Thana- ARARIA District- Araria ====================================================== Mantu Kumar Yadav @ Manas Kumar @ Malas Kumar Son Of Krit Narayan Yadav R/O Vill - Laxminiya, Ward No 09, P.S. - Tirbaniganj, Distt. - Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Araria (Bairgachhi) P.S. Case No. 384 of 2021, F.I.R. dated 11.05.2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 144 liters of foreign liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. On the basis of disclosure made by the driver of the vehicle the name of the petitioner transpired during investigation. From perusal of the FIR as well as the seizure list nothing has been recovered from the conscious possession of the petitioner. Petitioner is not the owner of the vehicle in
Patna High Court CR. MISC. No.61219 of 2023(2) dt.20-09-2023 2/3 question and there is non-compliance of the provision of Section 100 of the Cr.P.C. The police, after investigation, submitted charge sheet against the petitioner and the petitioner is in custody since 03.04.2023.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.
6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Araria, in connection with Araria (Bairgachhiu) P.S. Case No. 384 of 2021,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall
Patna High Court CR. MISC. No.61219 of 2023(2) dt.20-09-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Mkr./- U T