Mantu Singh @ Mantu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52334 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -KUTUMBA District- AURANGABAD ====================================================== Mantu Singh @ Mantu Kumar Singh, S/o. Nand Kishor Singh, R/o. VillageMoharkarma, P.S.- Mali, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 38(ii) of the Bihar Prohibition and Excise Act, 2016.

80 litres of country made liquor kept hidden in the gate of the Toyota Qualis vehicle is said to have been recovered and petitioner and one another accused, namely, Dharmendra Singh were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He happens to be a simple commuter and was travelling by the said

Patna High Court Cr.Misc. No.52334 of 2018 (2) dt.25-08-2018 2/2 vehicle by taking lift from its driver and he had no knowledge of keeping of the said liquor in the said vehicle. He has been falsely implicated in the case. There is violation of Section 100 Cr.P.C. Though one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 12.07.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Additional District and Sessions Judge- VII cum Special Judge, Excise, Aurangabad in connection with Kutumba P.S. Case No. 120 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T