Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6930 of 2023 Arising Out of PS. Case No.-528 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== MANISH KUMAR Son of Subodh Ram Resident of VillageSamiyalaxmipur, P.S.- Ghoswari, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Barbigha P.S. Case no. 528 of 2022 instituted for the offence under Sections 30(a), 32(ii), 41(i), 52 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 981 liters illicit foreign liquor from two vehicles bearing registration No. BNR-01FQ-9831 and BR11S-1475 and the petitioner along with co-accused persons was arrested on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.6930 of 2023(2) dt.11-04-2023 2/3 present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicles in question. No any incriminating article has been recovered from conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 2.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barbigha P.S. Case No. 528 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of

Patna High Court CR. MISC. No.6930 of 2023(2) dt.11-04-2023 3/3 Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T