Monu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73780 of 2022 Arising Out of PS. Case No.-376 Year-2022 Thana- MANJHI District- Saran ====================================================== MONU KUMAR SINGH Son of Sanjeet Singh Resident of village - Kalaunjar, P.S.- Chakmisi, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Manjhi P.S. Case No.376 of 2022, registered for the offence punishable under Sections 30/ 30(a)/ 32/ 36 and 41(i) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 1193.400 litres of illicit liquor from a truck and the petitioner is stated to be the driver of the said truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 20.10.2022. The learned counsel for the petitioner has further submitted that the

Patna High Court CR. MISC. No.73780 of 2022(2) dt.10-02-2023 2/2 petitioner is merely the driver of the truck in question, hence, he was not knowing about the consignment loaded in the truck, thus he is not having any complicity in the matter. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned IInd Exclusive Special Excise Court, Saran at Chapra in connection with Manjhi P.S. Case No.376 of 2022.

(Mohit Kumar Shah, J) rinkee/sonalU T