Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37917 of 2021 Arising Out of PS. Case No.-563 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Manoj Kumar Son of Nathuni Singh Resident of Village- Machhahi, P.S.- Sakra, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Sakra P.S.Case No. 563 of 2020 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act 2016. On secret information,35.445 liters foreign liquor was recovered from the husk house of the petitioner. Learned counsel for the petitioner submits that petitioner has clean antecedent and on the basis of suspicion, he has been falsely implicated in this case. Nothing has been recovered from his conscious possession. He further submits that the alleged recovery has been made from the orchid of

Patna High Court CR. MISC. No.37917 of 2021(2) dt.03-12-2021 2/3 Mango and Banana which is back of his house. Petitioner is in jail custody since 10.03.2021.

Learned A.P.P opposed the prayer for bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Sakra P.S Case No. 563 of 2020,subject to the following conditions:-

1. Petitioner 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for

Patna High Court CR. MISC. No.37917 of 2021(2) dt.03-12-2021 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentions order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U T