Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34027 of 2023 Arising Out of PS. Case No.-337 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== MANISH KUMAR S/o- YOGENDRA SAH Village- Bhola Paswan Shastri Colony Ps- Shastri Nagar Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Gautam For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 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 Special Case No. 3190 of 2023 arising out of Shastri Nagar P.S. Case No. 337 of 2023 dated 02.04.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 149.85 litres of Indian made foreign liquor was recovered from the Type-3 Quarter No. 42 and Garage No. 27, Central Revenue Colony,

Patna High Court CR. MISC. No.34027 of 2023(2) dt.25-05-2023 2/2 Digha Road and the petitioner and the co-accused persons were apprehended on the spot.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the said recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in one more criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2023. Learned A.P.P. for the State has vehemently opposed the 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 Special Case No. 3190 of 2023 arising out of Shastri Nagar P.S. Case No. 337 of 2023. The application stands allowed.

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