Ashutosh Kumar @ Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60328 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Ashutosh Kumar @ Manjit Kumar Son Of Manoj Kumar R/O Village- Borba, P.S.- Banma, Itahari, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeswari Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Chautham P.S. Case No. 213 of 2022 registered for the alleged offences under Section 420 of the Indian Penal Code and Sections 30(a), 32(i)(ii) 4(i)(ii) and 36 of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, police received secret information about transportation of illicit liquor in two vehicles. The identified vehicles were intercepted and from the vehicle in which this petitioner was sitting recovery of 143.25 litres of India Made foreign liquor was made and from the other vehicle

Patna High Court CR. MISC. No.60328 of 2022(2) dt.02-12-2022 2/3 recovery of 36 litres of India made foreign liquor was made. The petitioner was apprehended from the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is merely a passenger who took lift in the vehicle and he has no concern either with the seized liquor or with the vehicle in which he was found sitting. The petitioner has no knowledge about the articles loaded on the vehicle. The petitioner is in custody since 06.08.2022 and charge-sheet has been submitted in this case. The petitioner has got no criminal history.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner and further considering the period of custody of the petitioner along with the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge 1st Excise Act, Khagaria in connection with Chautham P.S. Case No. 213 of 2022, subject

Patna High Court CR. MISC. No.60328 of 2022(2) dt.02-12-2022 3/3 to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T