Manish Sonar @ Manish Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14409 of 2020 Arising Out of PS. Case No.-204 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== MANISH SONAR @ MANISH KUMAR SONI S/o Mahendra Seth Resident of Village- Hatta, P.S.- Chainpur, Distt- Kaimur at Bhabua. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for bail has been filed by the petitioner in connection with Excise Case No.688 of 2018, arising out of Chainpur P.S. Case No.204 of 2018, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the F.I.R., 1.620 litres of IMFL was seized from the dickey of a parked motorcycle registered in the name of mother of the petitioner. The said motorcycle was being driven by the petitioner.

On earlier occasion, the bail of the petitioner in connection with the instant F.I.R. was rejected vide order dated 10.12.2019 passed in Cr. Misc. No.81116 of 2019 with an observation that the petitioner may renew his prayer for bail

Patna High Court CR. MISC. No.14409 of 2020(2) dt.04-03-2020 2/2 after completing six months in custody.

It is submitted by learned counsel for the petitioner that the petitioner is in custody since 16.08.2019, which would be evident from the order of the Court below. It is further submitted that the date of his custody being 16.09.2019 as mentioned in the earlier order of rejection dated 10.12.2019 (Annexure-1) was a typographical mistake, which has been explained by the petitioner in paragraph no.12 of the petition. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as stated above together with the liberty given vide order dated 10.12.2019 and the petitioner having remained in custody for more than six months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be released on bail in connection with Excise Case No.688 of 2018, arising out of Chainpur P.S. Case No.204 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-4th-cum-Special Judge (Excise), Kaimur at Bhabua.

(Partha Sarthy, J.) amit/- U T