Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9812 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== MANISH KUMAR S/o Bindeshwar Singh @ Bindeshwar Prasad Singh R/o Village- Kanti, P.S.- Lalganj, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 467, 468, 471/34 of the IPC and Section 30(a), 41(i) of the Bihar Prohibition and Excise Act.

The prosecution story, in brief, is that the police party reached at semi constructed house of Nanki Mahto after getting secret information then the accused persons started flee away after seeing the police party. Upon search, huge quantity of 1679 liters illicit foreign liquor was recovered from a truck bearing Registration no. PB13BG-4709.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.9812 of 2023(2) dt.18-04-2023 2/2 offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the vehicle in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name was disclosed by local Chaukidar. Moreover, the petitioner is languishing in judicial custody since 14.12.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

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 Lalganj P.S. Case No. 165 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 Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur.

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