Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22708 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Manish Kumar, Son Of Late Manoj Singh @ Manoj Kumar Resident Of Village - Dhusmuri Bisanpur, P.S. - Muffasil, Distt. - Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 5139 litre of liquor from three vehicles as detailed in the F.I.R.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Jitendra Kumar in police custody which does not have any evidentiary value. It is

Patna High Court CR. MISC. No.22708 of 2023(2) dt.15-05-2023 2/2 further submitted that police, because of his antecedent, falsely implicated him through Jitendra Kumar. It is also submitted that none of the vehicles seized belonged to the petitioner. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1st, Khagaria in connection with Khagaria (Muffasil) P. S. Case No.315 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T