Manan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35471 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== MANAN TIWARI, Son of Late Hari Narayan Tiwari Resident of Village - Bishupur, P.S.- Brahmpur (Nainjore), District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Shankar Roy- Advocate For the Opposite Party/s :

Ms. Madhuri Lata- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Brahmpur (Nanijore) P. S. Case No.83 of 2020, instituted for the offences under Sections 420, 414, 272, 273/ 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The learned counsel for the petitioner submits that the petitioner is in custody since 16.01.2021 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that 51.840 litres of foreign liquor is alleged to have been recovered. Petitioner was

Patna High Court CR. MISC. No.35471 of 2021(2) dt.03-12-2021 2/2 identified by the witnesses as he had fled away. The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case because of his criminal antecedents as mentioned in Para-3 of the bail petition. Nothing has been recovered from his possession. He was not apprehended at the spot.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 16.01.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge Excise, Buxar in connection with Brahmpur (Nanijore) P. S. Case No.83 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T