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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27629 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== 1.

Manish Kumar Jaiswal @ Manish Jaiswal, S/O Arun Kumar Jaiswal R/O Raghopur, P.S.- Raghopur, District- Supaul 2.

Ankit Kumar @ Chhotu Kumar, S/O Arun Kumar Jaiswal R/O Raghopur, P.S.- Raghopur, District- Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 420 of the I.P.C. and Sections 30(a), 38(i), 41(i) of the Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioners have antecedent of four cases and the allegation is of recovery of 3325.60 litre of liquor from a container vehicle and a magic vehicle.

The learned counsel for the petitioners submits that the petitioners were not arrested from the spot, as such, nothing

Patna High Court CR. MISC. No.27629 of 2022(2) dt.11-08-2022 2/2 was recovered from their conscious possession and their name transpired in the confessional statement of co-accused Rohit Kumar Singh in police custody, which has no evidentiary value. It is next submitted that none of the vehicle belonged to the petitioners, nor petitioners are drivers of the aforesaid vehicle. It is further submitted that the petitioners have antecedent, as such, police through Rohit Kumar Singh got them implicated. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kishanpur P. S. Case No.114 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T