Manish Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46602 of 2017 Arising Out of PS. Case No.-64 Year-2017 Thana- SIMRI BAZAR District- Darbhanga ====================================================== Manish Kumar Das, Son of Shri Madan Das, Resident of Mohalla- Ward No. 6, Nirmali, P.S.- Nirmali, District- Supaul.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Murari Narayan Prasad, Adv.

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. (Dr.)Mrityunjaya Kr.Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Murari Narayan Prasad, learned counsel, assisted by Sri Vijay Kumar, learned counsel for the petitioner and Dr. Mrityunjaya Kumar Gautam, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Simri P.S. Case No.64 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail, in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case and the petitioner's name has come on the basis of confessional statement of co-accused Anand Kumar. He submits that save and except confessional statement, there is no material to

Patna High Court Cr.Misc. No.46602 of 2017(2) dt.17-10-2017 2/2 connect the petitioner. Learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. Considering the nature of accusation, clean antecedent as well as the fact that the petitioner's name has come on the basis of confessional statement of co-accused, let the petitioner, namely, Manish Kumar Das be released on bail, in the event of his arrest or surrender within six weeks from today, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge -cum- Special Judge, Darbhanga in connection with Simri P.S. Case No.64 of 2017, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure (Rakesh Kumar, J) nawalkrs/- U T