Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2132 of 2025 Arising Out of PS. Case No.-1197 Year-2024 Thana- Excise P.S. District- Kishanganj ====================================================== Mantu Kumar S/o Ramvilas Mahto R/o Village- Malpur (Purwaripatti), Ward No.- 03, P.S. - Dilsinghsari, District - Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with (Madya Nishedh) Excise Kishanganj PS Case No. 1197 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 837 litres of foreign liquor was recovered from Mahindra Bolero. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the co-driver of the vehicle and he has no

Patna High Court CR. MISC. No.2132 of 2025(2) dt.23-01-2025 2/2 knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 19.10.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 07.01.2025 in Cr. Misc. No. 87313 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with (Madya Nishedh) Excise Kishanganj PS Case No. 1197 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T