Manish Kumar @ Mussa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14267 of 2020 Arising Out of PS. Case No.-586 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== Manish Kumar @ Mussa, S/o Ajay Kumar Ray, Resident of VillageRatanpura near the Dharmnath Mandir, P.S.- Bhagwan Bazar, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-08-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Bhagwan Bazar P.S. Case No. 586 of 2019, registered under Section 30(a) of the Bihar Excise Act, 2016. The accusation is that on receiving secret information about keeping the illicit liquor in the house by Sintu Kumar and Manish Kumar @ Mussa (petitioner) in village Ratanpura, the informant along with other police personnel reached there and surrounded the house of aforesaid two persons. On seeing the police party, two persons started to flee away, but on chased, one person was apprehended while another succeeded to flee away with sack. The caught hold person disclosed his name as Sintu Kumar and also disclosed the name

Patna High Court CR. MISC. No.14267 of 2020(2) dt.14-08-2020 2/2 of his own brother, Manish Kumar @ Mussa (petitioner), who succeeded to flee away. On search, a sack containing three bottles of 500 ml Beer and three bottles each containing 180 ml Indian made foreign liquor recovered.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot and he being the brother of Sintu Kumar, has falsely been implicated in the present case. Further submission is that while petitioner is accused in one another case, but in that case, he is on bail, as detailed in para 3 of the petition.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Saran, in connection with Bhagwan Bazar P.S. Case No. 586 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T