Allowed

Manoj Kumar Das @ Manoj Das v. The State of Bihar

Patna HC25 Jan 2021CR. MISC./33032/2020

Case brief

AI extract

What is this about?

In Criminal Miscellaneous No. 33032 of 2020, the Patna High Court granted bail to the petitioner, who was in custody under the Bihar Prohibition and Excise Act and IPC, upon furnishing bail bonds and satisfactory undertaking.

What did the court decide?

Release of petitioner on bail upon furnishing bond of Rs. 25,000 with two sureties and complying with specific court conditions.

Manoj Kumar Das @ Manoj Das Vs The State of Bihar — Cheque Dishonour | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 33032 of 2020

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Arising Out of PS Case No.-66 Year-2020 Thana- JAYNAGAR District- Madhubani

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

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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

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====================================================== Appearance : For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate For the State : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT Date : 25-01-2021

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The matter has been heard via video conferencing.

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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.

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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’).

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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.

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Patna High Court CR. MISC. No.33032 of 2020 dt.25-01-2021 2/3

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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.

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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.

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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

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Patna High Court CR. MISC. No.33032 of 2020 dt.25-01-2021 3/3

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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.

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The application stands disposed off in the

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aforementioned terms.

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(Ahsanuddin Amanullah, J.)

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P. Kumar/Anand Kr.

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AFR/NAFR U T

Manoj Kumar Das @ Manoj Das v. The State of Bihar

Case brief

What is this about?

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Manoj Kumar Das @ Manoj Das v. The State of Bihar

Case brief

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