Manu Pandey @ Himanshu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9165 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- SIWAN GRP CASE District- Siwan ====================================================== Manu Pandey @ Himanshu Kumar Pandey Son of Kameshwar Pandey R/O Village- Rafipur, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(A) and 44 of Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act. As per prosecution case, 18 liters foreign liquor has been recovered from possession of co-accused Pinku Kumar and Prince Kumar Yadav.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has been made accused only on the basis of confessional statement of co-accused persons. No incriminating material has been recovered from conscious possession of the petitioner and he is no way connected with the

Patna High Court CR. MISC. No.9165 of 2023(3) dt.27-06-2023 2/2 aforesaid recovery. Petitioner has got clean antecedent. Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 Exclusive Special Judge, Excise Court No. II, Siwan in connection with Siwan Rail P. S. Case No. 264 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T