Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16621 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -AADAPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Manish Kumar son of Prahlad Pathak, Resident of Village Sahadeva, Police Station Raxaul, District East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhurendra Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.12.2016 in connection with Adapur (Nakardei) P.S. Case No. 228 of 2016 for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 25 bottles of Nepali Saufi wine containing 300 ML each. Recovery of the offending goods from the possession of the petitioner is denied. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 28.12.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Adapur (Nakardei) P.S. Case No. 228 of 2016.

(Vikash Jain, J) B.T/- U T