Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32065 of 2023 Arising Out of PS. Case No.-644 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== MANISH KUMAR, Son of Sri Gopal Prasad, Resident of Imlital, Police Station-Kadamkuan-Patna, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Gandhi Maidan P.S. Case No. 644 of 2022 giving rise to Special (Excise) Case No. 5946 of 2022 dated 19.09.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 9 litres of country made chulai liquor was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.32065 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in five other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.09.2022. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Gandhi Maidan P.S. Case No. 644 of 2022 giving rise to Special (Excise) Case No. 5946 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T