IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11654 of 2022

Arising Out of PS. Case No.-178 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.

District- Rohtas

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Manoj Sah @ Manoj Kumar, Son of Bahadur Sah, Resident of Village-

Bhaluari, P.S.- Indrapuri, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Vipin Kumar Singh, Advocate

For the Opposite Party/s :

Mr. Dashrath Mehta, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2

01-07-2022

Heard learned counsel for the petitioner and learned

APP for the State through Video Conferencing.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from the date of

resumption of physical filing and physical removal of defect.

In the present case, the petitioner seeks bail in

connection with Excise P.S. Case No. 178 of 2021 registered for

the alleged offences under Section 30(a) of the Bihar

Prohibition and Excise Act.

The prosecution case is that about 1000 litres of

sprit was recovered from an abandoned building and it came to

the notice of the raiding team that the same belonged to the

petitioner and the co-accused Chainti Sah.

Patna High Court CR. MISC. No.11654 of 2022(2) dt.01-07-2022

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The learned counsel for the petitioner submits that the

petitioner has been falsely implicated in this case and he has

nothing to do with the alleged recovery. He has not been

apprehended from the spot and nothing has been recovered from

the possession/person of the petitioner. The petitioner is not the

owner of the house from where the sprit was seized. The learned

counsel further submits that co-accused Chainti Sah has been

granted privilege of anticipatory bail vide order dated

04.03.2022 passed in Cr. Misc. No. 54950 of 2021. The

petitioner is in custody since 24.12.2021. Regarding the

antecedent of the petitioner, learned counsel submits that the

petitioner has also been made an accused in three other cases.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove

and considering the fact that the petitioner has not been

apprehended from the spot and nothing has been recovered from

the person/possession of the petitioner and similarly placed co-

accused has been granted privilege of anticipatory bail by a co-

ordinate Bench and further considering the period of custody,

the petitioner above named is directed to be released on bail on

furnishing bail bond of Rs. 20,000/- (twenty thousand) with two

sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.11654 of 2022(2) dt.01-07-2022

3/3

Additional Sessions Judge 2^nd -cum- Special Judge, Excise,

Rohtas at Sasaram in connection with Excise P.S. Case No. 178

of 2021, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted

only after framing of charge, if not already

framed.

(ii) One of the bailors will be a close relative of

the petitioner.

(iii) The petitioner will remain present on each

and every date fixed by the court below.

(iv) In case of absence for three consecutive

dates or in violation of the terms of the bail, the

bail bond of the petitioner will be liable to be

cancelled by the court concerned.

V.K.Pandey/-

(Arun Kumar Jha, J)

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