Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73883 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Mantu Kumar Son of Late Raj Kumar Ray Resident of Sabalpur Chaitola, Ward No.2, P.S. - Sonepur, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh No. I, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-10-2024 Heard the parties.
2. The petitioner is in custody in connection with Sonepur Excise P.S. Case No. 141 of 2024 for the offence punishable under sections 30(a), 32(3) of Bihar Prohibition and Excise Act on 30.07.2024 by the informant, Rajiv Ranjan.
3. As per the prosecution story, the informant alleged that during the checking of the vehicle, one Hero Splendor motorcycle was intercepted and there is recovery/seizure of 16.2 liter country made liquor. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that only because he owns the motorcycle and has criminal antecedent, police implicated, for which he has already suffered since 01.07.2024.
5. Learned APP opposes the prayer for bail.
Patna High Court CR. MISC. No.73883 of 2024(2) dt.22-10-2024 2/3
6. Taking into account submissions put forward by the parties as also his period of custody, FIR lodged, he will be facing the trial, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Sonepur Excise P.S. Case No. 141 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.73883 of 2024(2) dt.22-10-2024 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T