Patna High CourtCR. MISC./3686/2023bail granted

Manish Kumar v. The State Of Bihar

2023-04-27Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3686 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- DHANKUND District- Banka ====================================================== 1.

MANISH KUMAR Son Of Tunna Ram R/O Village- Shashtrinagar, P.S.- Kasim Bazar, District- Munger 2.

ROUSHAN PASWAN Son Of Late Kanhay Paswan @ Kanhaiya Paswan R/O Village- Topkhana Bazar, Katdhar, P.S.- Kotwali, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-04-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners seek regular bail in connection with Dhankund P.S. Case No. 110 of 2022, dated 21.10.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the petitioners' counsel are that as per the prosecution, in total 61.2 Liters foreign liquor was recovered from a car but petitioners are not the owner of the alleged car and nothing has been recovered from the conscious possession of these petitioners and there is no any independent witness of the alleged search and seizure

Patna High Court CR. MISC. No.3686 of 2023(2) dt.27-04-2023 2/2 rather they all are police personnel. Further submission is that the petitioners have been languishing in jail since 22.10.2022 having fair and clean antecedent.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly taking into account the fair and clean antecedent of the petitioners as well as their custody period, in my opinion a lenient approach can be taken in respect of the petitioners' prayer for bail. Accordingly, let both the petitioners namedabove be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Dhankund P.S. Case No. 110 of 2022. (Shailendra Singh, J.) maynaz/- U T