Mannu Kumar @ Manu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79115 of 2019 Arising Out of PS. Case No.-242 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Mannu Kumar @ Manu Kumar, aged about 21 years, Male, S/O- Ashok Mahto Resident of Village - Akderwa, P.S - Baikunthpur, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad For the Opposite Party/s :
Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Baikunthpur P.S. Case No. 242 of 2019 registered for offences under sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition of Excise Act, 2016.
As per prosecution case, the police has recovered 10 liters of illegal wine from the house of present petitioner kept below the bed. The police has also recovered 30 liters country made wine from the motorcycle standing outside the house of the petitioner which is said to be belonging to one Ajit Kumar Singh.
The petitioner is in custody since 17.09.2019. Looking to the quantity of wine recovered as also the
Patna High Court CR. MISC. No.79115 of 2019(2) dt.04-12-2019 2/2 period of custody, 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 learned 2nd Additional Sessions Judge cum Special Judge, Gopalganj in connection with Baikunthpur P.S. Case No. 242 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below.
In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Baikunthpur police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.
(Shivaji Pandey, J) rishi/- U T