Manish Kumar @ Tuntun Kumar @ Tuntun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25175 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- KHUSRUPUR District- Patna ====================================================== MANISH KUMAR @ TUNTUN KUMAR @ TUNTUN S/o- Shivnandan Rai @ Shivnandan Yadav R/o- Village - Indira Nagar Ram Bilash Chowk Main Road Ward no.- 31, P.S. - Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, a total of 132 litres of liquor was recovered from two vehicles and the petitioner who was a driver of one of the vehicle was taken into custody. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person or possession. He has been falsely implicated in the case because of his antecedent. The petitioner is in custody since 17.1.2021 and chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.25175 of 2021(2) dt.23-09-2021 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having an antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail. The application is rejected. Liberty is granted to the petitioner to renew his prayer for bail on completing 1 year in custody. (Partha Sarthy, J) Bibhash/- U