Manjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56898 of 2019 Arising Out of PS. Case No.-259 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

Manjay Kumar, aged about 27 years, Male, Son of Dilip Singh, Resident of Village - Mahnar, P.S.- Mahnar, Dist.- Vaishali. 2.

Ajay Kumar, aged about 20 years, Male, Son of Rajan Pandit, Resident of Village - Fatehpur, P.S.- Raghopur, Dist.- Vaishali. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Dhirendra Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 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 414/34 of the IPC, 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 293.760 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 22.07.2019. 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.56898 of 2019(2) dt.09-09-2019 2/2 witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 293.760 liters wine is recovered from a stolen Sumo Gold vehicle. The petitioners had no knowledge that the vehicle in question is a stolen property. 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 XIth A.D.J.-cum-Special Court, Excise, Saran at Chapra, in connection with Parsa P.S. Case No. 259 of 2019. (Sudhir Singh, J) U.K./- U T