Patna High CourtCR. MISC./12334/2021bail granted

Manoj Kumar v. The State Of Bihar

2021-06-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12334 of 2021 Arising Out of PS. Case No.-160 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== MANOJ KUMAR Son of Ramesh Mandal Resident of Village- Mohanpur, P.S.- Ekchari, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyam Kishor Das For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 30(A) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, 30 liter country made Mahua has been recovered from the possession of the petitioner. It is submitted that nothing has been recovered from the conscious possession of the petitioner. During search and seizure section 100 Cr.P.C has not been followed. Petitioner has got clean antecedent and is in jail custody since 24.08.2020. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)

Patna High Court CR. MISC. No.12334 of 2021(2) dt.29-06-2021 2/2 with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cum- Special Judge, Bhagalpur in Pirpainti P.S. Case no. 160/2020 on the following conditions.

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T