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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32544 of 2021 Arising Out of PS. Case No.-711 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== MANISH KUMAR @ MANISH KUMAR THAKUR Son of Parmanand Thakur Resident of village - Bahrampur, Police Station - Sakra, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Sakra P.S. Case No. 711 of 2020, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.32544 of 2021(2) dt.10-12-2021 2/3 The allegation is regarding recovery of 31.810 liters of illicit liquor from the open field of one Parmanand Kumar, however, upon the covillagers having taken the name of the petitioner to be the owner of the said illicit liquor, the petitioner has been falsely roped in the present case.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 25.2.2021. The learned counsel for the petitioner has further submitted that the place from where the illicit liquor has been recovered does not belong to the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the

Patna High Court CR. MISC. No.32544 of 2021(2) dt.10-12-2021 3/3 period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Sakra P.S. Case No. 711 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T