Monu @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1960 of 2019 Arising Out of PS. Case No.-319 Year-2018 Thana- BARH District- Patna ====================================================== Monu @ Monu Kumar, Son of Mantu Singh @ Manindra Sharma, Resident of Ladwan, Police Station - Barh, District - Patna. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Respondent/s :

Mr.Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 7871 of 2018 arising out of Barh P.S. Case No. 319 of 2018 dated 27.08.2018 instituted for the offences under Sections 30(a), 38 & 41 of the Bihar Prohibition and Excise (Amendment), Act 2018.

On secret information that illicit liquor is being transported from one place to other, a raid was conducted. In the aforesaid raid, one Vijay Yadav who claimed to be the owner of the vehicle, which was intercepted, disclosed that the consignment of liquor belonged to Raju Kumar Singh, Munna Singh, Banty Kumar and the petitioner. It was stated by aforesaid

Patna High Court Cr.Misc. No.1960 of 2019(2) dt.15-01-2019 2/2 Vijay Yadav that he was transporting the aforesaid bottles of liquor for the purposes of giving those bottles to the aforesaid named persons.

Learned counsel appearing for the petitioner has submitted that the implication of the petitioner in the present case is only on the basis of confession made by an arrested accused person. There is no recovery from the possession of the petitioner and he has clean antecedents.

For the aforestated facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise at Patna in connection with Special Case No. 7871 of 2018, arising out of Barh P.S. Case No. 319 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T