Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62010 of 2022 Arising Out of PS. Case No.-260 Year-2020 Thana- KAMTAUL District- Darbhanga ====================================================== Manoj Kumar Sah Son of Ram Briksh Sah Resident of village - Bharwara, P.S.- Singhwara, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate For the State :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kamtaul P.S. Case No. 260 of 2020 registered for the offence under Sections 272, 273 and 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accused/petitioner is not named in the F.I.R. and is in custody since 17.08.2022.

Patna High Court CR. MISC. No.62010 of 2022(2) dt.02-12-2022 2/3 The allegation against the petitioner is to be involved in the illegal trading of illicit liquor, where a total of 2,421 liters of illicit liquor was recovered from different places. Learned counsel appearing on behalf of the petitioner submitted that the alleged vehicle, from where the recovery was made, has already been sold by the petitioner to one Pawan Yadav, who is also one of the co-accused in this case, for the only reason, as registration certificate could not be transferred in favour of Pawan Yadav, as monthly installment was due to M/s Shri Ram Financer, petitioner has been implicated in this case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as implication is due to the reason that registration certification could not be transferred in the favour of one Pawan Yadav coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kamtaul P.S. Case No. 260

Patna High Court CR. MISC. No.62010 of 2022(2) dt.02-12-2022 3/3 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I, Excise Act, Darbhanga/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T