Mantu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64424 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Mantu Ram, aged about 25 years, Male, Son of Ramchandra Ram R/vKonhwa, P.S.- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mohammadpur P.S. Case No. 93 of 2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 481.320 litres (four hundred eighty one litres & three hundred twenty millilitres) of illicit liquor have been recovered from the 'pickup van', being driven by the petitioner. Learned counsel for the petitioner submits that the petitioner's services were hired after loading of the vehicle in question. He had no knowledge about any illicit liquor being stored in the vehicle. He has become victim of the circumstances and has no criminal antecedents. He is stated to be in custody since 02.05.2022. Learned APP for the State has opposed the prayer for bail. Having regard to the manner of recovery, submissions advanced by the parties, period of custody and the fact that

Patna High Court CR. MISC. No.64424 of 2022(2) dt.20-01-2023 2/2 investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 the learned Addl. District & Sessions Judge-II-cum-Special Excise Court No.-I, Gopalganj, in connection with Mohammadpur P.S. Case No. 93 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T