Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24037 of 2020 Arising Out of PS. Case No.-149 Year-2020 Thana- KHAJEKALA District- Patna ====================================================== 1.

MANISH KUMAR S/o Pramod Prasad Resident of Ghagha Gali Mahavir Sthan, P.S.- Khajekala, District- Patna 2.

Sonu Kumar S/o Meghnath Ray Resident of Bandaria Gali, P.S.- Khajekala, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Khajekala P.S. Case No. 149 of 2020, Spl. Case No. 3454 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

80 litres of Mahua liquor is said to have been recovered from the Scooty of these petitioners. It is submitted that petitioners have falsely been implicated in this case. Nothing has been recovered from

Patna High Court CR. MISC. No.24037 of 2020(3) dt.19-10-2020 2/2 conscious possession of these petitioners. Petitioner is in custody since 13.05.2020 having clean antecedent as stated in para 3 of the petition.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Khajekala P.S. Case No. 149 of 2020, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T