Allowed

Mantu Paswan @ Mantu Kumar v. The State of Bihar

Patna HC14 Oct 2020CR. MISC./26578/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court was impressed with the grounded submissions of the learned counsel, considering the materials on record and the lack of criminal antecedent for the petitioner, and granted regular bail to the petitioner.

What did the court decide?

Petitioner released on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each.

Mantu Paswan @ Mantu Kumar Vs The State of Bihar — Patna HC (2020) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26578 of 2020

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Arising Out of PS. Case No.-75 Year-2020 Thana- TARARI District- Bhojpur

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======================================================

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MANTU PASWAN @ MANTU KUMAR Son of - Hira Lal Paswan Resident of Village - Dhangawa, P.S. - Tarari, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Gopal Krishna, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 14-10-2020 Heard Mr. Gopal Krishna, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor appearing for the State through video conferencing.

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Petitioner seeks regular bail in connection with Excise Case No. 671 of 2020 arising out of Tarari P.S. Case No. 75 of 2020 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

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The allegation against the petitioner as per the First Information Report is that the Police intercepted two Motorcycles, on which, five persons were found sitting and upon seeing the Police party, all the accused persons tried to flee away. However, the Police apprehended two of the accused persons namely, Bheem Kumar and Tengar Rajwar and

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Patna High Court CR. MISC. No.26578 of 2020(2) dt.14-10-2020 2/3

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recovered a total quantity of 60 litres of illicit Mahua liquor from a sack. The name of petitioner has been disclosed by arrested co-accused persons. Learned counsel further submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedent. Learned counsel also submits that no illicit liquor has been recovered from possession of the petitioner and the Motorcycle in question does not belong to him. Learned counsel next submits that the arrested co-accused persons have been granted regular bail by co-ordinate Benches of this Court vide orders dated 17.09.2020 and 01.10.2020 passed in Cr. Misc. Nos. 24008 of 2020 and 24944 of 2020 respectively. The petitioner is in custody since 03.05.2020.

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Having heard learned counsel for the parties and taking into consideration the materials on record and the the fact that the petitioner has got no criminal antecedent and the arrested co-accused persons have been granted regular bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.26578 of 2020(2) dt.14-10-2020 3/3

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satisfaction of learned Additional Sessions Judge-4th-cumSpecial Judge (Excise) Act, Bhojpur at Ara, in connection with Excise Case No. 671 of 2020 arising out of Tarari P.S. Case No. 75 of 2020.

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It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Mantu Paswan @ Mantu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mantu Paswan @ Mantu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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