Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31812 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== 1.
Manish Kumar Son of Vakil Sahani Resident of Village - Manjhariya, P.S.- Raghunathpur, District - East Champaran.
2.
Arun Kumar Son of Girja Sahani Resident of Village - Manjhariya, P.S.- Raghunathpur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakil Ahmad Khan, Advocate For the Opposite Party/s :
Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Banjaria P.S. Case No. 02 of 2024 instituted for the offences punishable under Sections 414, 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 72 litres of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.31812 of 2024(2) dt.24-04-2024 2/3 that petitioners are neither the owner nor the driver of the vehicle. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 06.03.2024 and have no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banjaria P.S. Case No. 02 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
Patna High Court CR. MISC. No.31812 of 2024(2) dt.24-04-2024 3/3 (III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T