Manoj Kumar Das @ Manoj Das vs The State Of Bihar
2021 Latest Caselaw 322 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 33032 of 2020
    Arising Out of PS Case No.-66 Year-2020 Thana- JAYNAGAR District- Madhubani
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Manoj Kumar Das @ Manoj Das, Male aged about 32 years, Son of Jiwachh Das, Resident of Village- Betaunha, P.S.- Jaynagar, District- Madhubani.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Murari Narain Chaudhary, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2021

The matter has been heard via video conferencing.

2. Heard Mr. Murari Narain Chaudhary, learned counsel

for the petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Jainagar PS Case No. 66 of 2020 dated 28.02.2020, instituted

under Sections 227, 273, 414 of the Indian Penal Code and 30(a)

of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred

to as the 'Act').

4. The allegation against the petitioner is that upon

chase of the motorcycle he was riding, he tried to run away, but

was caught and 108 litres of nepali liquor was recovered.

Patna High Court CR. MISC. No.33032 of 2020 dt.25-01-2021

5. Learned counsel for the petitioner submitted that

neither the motorcycle belongs to him nor there was recovery

from his conscious possession and he has been falsely implicated.

It was further submitted that the petitioner having no criminal

antecedent is in custody since 29.02.2020.

6. Learned APP submitted that the petitioner was

driving the motorcycle from which there is recovery of 108 litres

of nepali liquor which is an offence under the Act.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional Sessions

Judge-II cum Special Judge, Excise Act, Madhubani in Jaynagar

PS Case No. 66 of 2020 subject to the conditions (i) that one of the

bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the Patna High Court CR. MISC. No.33032 of 2020 dt.25-01-2021

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar/Anand Kr.

AFR/NAFR U T