Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84319 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- AMAS District- Gaya ====================================================== 1.

MANOJ KUMAR Son of Virendra Chaudhari @ Birendra Chaudhari, Resident of Village - Navadih Panari, P.S.- Hanterganj, Distt.- Chatra, Jharkhand.

2.

Sunil Kumar Son of Lakhan Yadav, Resident of Village - Navadih Panari, P.S.- Hanterganj, Distt.- Chatra, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.II, Adv.

For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2020 Heard Mr. Manish Kumar, learned counsel appearing on behalf of the petitioners, namely, Manoj Kumar and Sunil Kumar and learned Additional P.P. appearing on behalf of the State.

Petitioners seek bail in Amas P.S. Case No.204 of 2019 corresponding to Special Case No.1936 of 2019 registered under Sections 272, 273, 414 and 34 of the I.P.C. and under Section 30(a) of the Bihar Prohibition and Excise Act. The informant being a police officer intercepted an auto rickshaw on secret information and apprehended three persons, namely, Manoj Kumar (petitioner no.1), Sunil Kumar (petitioner no.2) and Md. Rizwan (not petitioner). 400 litres

Patna High Court CR. MISC. No.84319 of 2019(4) dt.12-05-2020 2/2 country made liquor made of mahua was recovered. From personal possession of the co-accused Md. Rizwan, Rs.15,000/- cash was recovered.

Learned counsel for the petitioners submits that the petitioners are labourers and they were working on daily wages. The petitioners are in jail since 07.11.2019. The petitioners have already remained in jail for about six months. Learned Additional P.P. submits that the petitioners have got no criminal antecedent and they have already remained in jail for about six months.

Considering the facts that the petitioners have got no criminal antecedent and for recovery of 400 litres country made liquor made of mahua, the petitioners have already remained in jail four about six months, the petitioners named above are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Amas P.S. Case No.204 of 2019 corresponding to Special Case No.1936 of 2019. (Prabhat Kumar Jha, J) Harish/- U T