Manish Rai @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1877 of 2020 Arising Out of PS. Case No.-799 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Manish Rai @ Manish Kumar Son of Late Kedar Rai Resident of Village - Silhauri, P.S.- Madhaurah, Distt.- Saran at Chhapra. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rananjay Kumar, Advocate For the Opposite Party/s :

Mr.Amarendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Madhaurah P.S. Case No. 799 of 2019, registered for the offence punishable under Sections 30, 30(a) of the Bihar Prohibition and Excise Act.

10.62 litres of foreign liquor is recovered from the conscious possession of co-accused Niraj Kumar and Ashok Mahto.

It is submitted that petitioner has falsely been implicated in this case. Name of this petitioner has come in this case on the basis of confessional statement of co-accused who were arrested by the police on the spot. Nothing has been recovered from conscious possession of the petitioner. Similarly

Patna High Court CR. MISC. No.1877 of 2020(2) dt.25-02-2020 2/3 situated co-accused Nabin Rai has been granted bail vide order dated 19.02.2020 passed in Cr. Misc. No. 750 of 2020. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge Excise, Saran, Chapra in connection with Madhaurah P.S. Case No. 799 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. MISC. No.1877 of 2020(2) dt.25-02-2020 3/3 liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T