Manish Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24342 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== MANISH KAPAR Son of Bholat Kapar Resident of Village- Bharhi, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Smt. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2020 Heard Mr. Ravi Prakash, learned counsel for the petitioner and Smt. Anita Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Laukaha P.S. Case No. 56 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation against the petitioner as per the First Information Report is that the Police intercepted the Motorcycle of the petitioner and recovered a total quantity of 40.500 litres of illicit liquor from the same. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.24342 of 2020(2) dt.21-09-2020 2/2 and he has got no criminal antecedent. Learned counsel referring to paragraph-8 of this petition submits that petitioner has no concern with the seized liquor nor the Motorcycle in question. Learned counsel further submits that the petitioner is in custody since 5.3.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that petitioner has got no criminal antecedent and he is in custody since 5.3.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge cum Special Excise Act, Madhubani, in connection with Laukaha P.S. Case No. 56 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T