Patna High CourtCR. MISC./69317/2019bail granted

Mantu Kumar v. The State Of Bihar

2019-11-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69317 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- RASULPUR District- Saran ====================================================== MANTU KUMAR, aged about 27 years, Male, S/o Punydev Rai, R/o villageEkari, P.S.- Ekma, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Krishna Kumar Yadav, Advocate.

For the Opposite Party :

Mr.Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 420 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 3932 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 12.09.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total

Patna High Court CR. MISC. No.69317 of 2019(2) dt.13-11-2019 2/2 3932 liters wine is recovered from the Truck in question. The petitioner is alleged to be the driver of the said Truck. He had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds 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-XI-cum-Special Judge, Excise, Saran at Chapra, in connection with Rasulpur P.S. Case No. 138 of 2019.

(Sudhir Singh, J) U.K./- U T