Manish Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19644 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1.

MANISH KUMAR SINGH S/O- DILIP KUMAR SINGH VillageGangajala Niyamat Tola Ps- Saharsa Dist- Saharsa 2.

Md. Rashid Son of Md. Rojit Village- Gangajala Niyamat Tola Ps- Saharsa Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar and Ors.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 120B, 414, 467, 468, 471 of the Indian Penal Code and Section 30(a), 32(i)(ii) and 41(ii) (iii) of the Bihar Prohibition and Excise Act. As per prosecution case, there has been recovery of 680.35 liters of illegal liquor from a Pick-up Van, which was being driven by other co-accused.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have apprehended on

Patna High Court CR. MISC. No.19644 of 2023(2) dt.19-05-2023 2/2 spot. He submitted that the petitioners have no concern either with the seized vehicle or with the liquor. Nothing incriminating article has been recovered from the conscious possession of these petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 20.01.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, Begusarai in connection with Sahebpur Kamal P.S. Case No. 15 of 2023. (Sunil Kumar Panwar, J) arish/- U T