Manik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8063 of 2022 Arising Out of PS. Case No.-263 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== MANIK KUMAR SON OF BIJAY SINGH R/O VILLAGE- SELRA, WARD NO.12, P.S.- JAYNAGAR, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Jaynagar P.S. Case No. 263 of 2021 registered for the alleged offences under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on secret information, raid was conducted in the house of the petitioner and from a pile of grass kept in front of the house of the petitioner, 120 liters of country made liquor was recovered. The petitioner fled away

Patna High Court CR. MISC. No.8063 of 2022(2) dt.06-07-2022 2/3 from the spot on seeing the police personnel. The learned counsel for the petitioner submits that the petitioner is innocent and nothing incriminating has been recovered from his conscious possession. Moreover, the petitioner stays in a joint family house and he cannot be fastened with the recovery of contraband. Charge sheet has been submitted in this case and the petitioner is in custody since 31.10.2021.

Learned APP opposes the prayer for bail submitting that huge quantity of liquor has been seized from house of the petitioner.

Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted in this case and the petitioner is in custody since 31.10.2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 263 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.8063 of 2022(2) dt.06-07-2022 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T