Mantu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62843 of 2018 Arising Out of PS. Case No.-296 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Mantu Singh Son of Ram Naresh Singh, resident of Village- Kabirpur, Police Station- Mairwan, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Angad Kunwar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences under Sections 272, 273, 308/34 of the Indian Penal Code and under Sections 30(1), 38(1), and 41(1) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 233 litres of foreign liquor was recovered from the indigo car and the petitioner has been implicated only on the basis of suspicion that he was seen escaping on his motorcycle from the place of occurrence. It is contended that the petitioner has no concern with the alleged illicit liquor. It is further contended that nothing has been recovered from the conscious possession of the petitioner. It is contended that the petitioner has been made accused in one more case, i.e., Mairwan P.S. Case No. 108 of

Patna High Court Cr.Misc. No.62843 of 2018(2) dt.08-10-2018 2/2 2015 registered for the offences under Sections 147, 341, 323, 307, 379 and 504 of the Indian Penal Code but that is not under Excise Act. It is urged that the petitioner is in custody since 20.08.2018.

Considering the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Siwan in connection with Mairwan P.S. Case No. 296 of 2018 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Dr. Ravi Ranjan, J) Vikash/- U T