Manish Chaudhary @ Manish Kumar Chaudhary @ Faster v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2186 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== Manish Chaudhary @ Manish Kumar Chaudhary @ Faster Son of Vinod Chaudhary Resident of Village - Narauli Kalyan, P.S.- Mushahari, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in A.B.P. No. 3802 of 2019 arising out of Mushahari P.S. Case No. 262 of 2019 registered for the offence(s) punishable under Sections 272 and 273 of the Indian Penal Code and 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, informant got the informant that petitioner has concealed a plastic bag containing liquor behind the market of Sanjeev Kumar. When police reached the spot, a boy managed to flee away. Nearby shopkeepers told that the said boy was the petitioner. On search, 6.120 ml of foreign liquor was recovered which was kept in a bush behind the Sanjeev Market.

It is submitted on behalf of the petitioner that petitioner

Patna High Court CR. MISC. No.2186 of 2020(2) dt.26-02-2020 2/2 has falsely been implicated in this case and nothing has been recovered from conscious possession of the petitioner. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in connection with Mushahari P.S. Case No. 262 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled 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) Ankit/- U T