Munna Singh @ Mannu Singh @ Mannu @ Munna Chaudhary vs. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24441 of 2020

Arising Out of PS. Case No.-441 Year-2019 Thana- BARAULI District- Gopalganj ======================================================

MUNNA SINGH @ MANNU SINGH @ MANNU @ MUNNA CHAUDHARY Son of Rajpal Singh Resident of Village- Khanpur Kala (Kalan), P.S.- Gohana, District- Sonipat, State - Haryana.

Versus

The State of Bihar

... ... Petitioner/s

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 22-09-2020 Heard Mr. Javed Aslam, learned counsel for the petitioner and Ms. Pronoti Singh, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Barauli PS Case No. 441/2019 registered for the offence punishable under Sections 279, 337, 338, 304(A), 427 of the IPC and Section 30(a) of Bihar Prohibition & Amendment Excise Act 2018.

3. The allegation against the petitioner as per First Information Report is that the police received an information that one Scorpio vehicle bearing Registration No. DL3CAS-0195 dashed with one Apache Motorcycle bearing Registration No. BRO1CN-7795 and also dashed with one container bearing

Registration No. LNo2L-8772. The police on the basis of information arrived at the place of occurrence and saw the driver of the scorpio was lying dead on the driving seat and another person was injured. On query, the injured person disclosed his name as Munna Singh i.e., the petitioner and he also disclosed the name of the driver as Sahil @ Malu and upon search the police recovered 322.500 litres of illicit liquor from the scorpio vehicle.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he was travelling in the said vehicle as a passenger. Learned counsel further submits that the petitioner has got no criminal antecedents and petitioner is not the owner of the said scorpio vehicle.

5. Learned counsel further submits that petitioner is in custody since 01.01.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has got no criminal antecedents and he is not the owner of the said scorpio vehicle and he is in custody since 01.01.2020, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, MUNNA SINGH @ MANNU SINGH @ MANNU @ MUNNA CHAUDHARY 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 Additional District & Sessions Judge-II-cum-Special Judge, Gopalganj in connection with Barauli PS Case No. 441/2019, subject to the condition that one of the bailors shall be a local resident of Gopalganj District.

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

(Anil Kumar Sinha, J)