Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2225 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== MANISH KUMAR S/o Jaikant Sao Resident of Village - Tilaiya Basti Ward No.-02, P.S. - Tilaiya, District - Kodarma, Jharkhand. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the state.

The petitioner seeks regular bail in connection with Excise Case No. 281/2021, registered for the offences punishable under Sections 30(a) & 56(b) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution story, one Arvind Prasad submitted in his written statement on 12.10.2021 before Special Judge, Excise, on his instruction Prohibition of Excise Office, the police personnel started checking the vehicle in front of Magadh Colony, Sherghati and during checking a Bolero Pick Up van bearing Registration No. JH12N0843 reached there, informant searched the vehicle and during search 527.400 litres of foreign liquor was recovered from the said vehicle.

Learned counsel for the petitioner has submitted that the petitioner has clean antecedent and he is in custody since

Patna High Court CR. MISC. No.2225 of 2022(2) dt.06-06-2022 2/2 12.10.2021. He is neither owner nor driver of the said vehicle and has falsely been implicated in this case as he is a passerby. The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 12.10.2021, is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd-cum-Special Judge, Excise, Gaya in connection with Excise Case No. 281/2021, subject to following condition:

(i) one of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/- U T