Patna High Court - Orders
Manoj Singh @ Lula @ Manoj Kumar vs The State Of Bihar on 26 October, 2018
Author: S. Kumar
Bench: S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63242 of 2018
Arising Out of PS. Case No.-68 Year-2018 Thana- NAYAGAON District- Saran
======================================================
MANOJ SINGH @ LULA @ MANOJ KUMAR Son of Late Ajay Singh
Resident of Village- Raghopur, Dumri Bujurg P.S. Nayagaon, District- Saran
at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha
For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 26-10-2018Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner, who is in custody, seeks bail in connection with Nayagoan P.S. Case No. 68 of 2018 registered for the offences punishable under Sections 188, 272, 273, 30 A, 38 of Bihar Prohibition and Excise Act, 2016.
Allegation against petitioner is of recovery of 400 litres of country made liquor from bank of the pond, which is alleged to be of petitioner.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. It has been further submitted that petitioner was not present at the spot rather he was arrested by Dariyapur police only on suspicion. Patna High Court Cr.Misc. No.63242 of 2018(2) dt.26-10-2018 2/2 Petitioner is in custody since 28.05.2018. Charge sheet has been submitted against him.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 6th Saran at Chapra, in connection with Nayagoan P.S. Case No. 68 of 2018 subject to the condition that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned (2) Petitioner shall co-operate in the trial and shall be present on each and every dated fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond. (3) If the petitioner tampers with the evidence or the witnesses of the case, in that case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/-
U T