Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43696 of 2021 Arising Out of PS. Case No.-449 Year-2020 Thana- TARAIYA District- Saran ====================================================== MANISH KUMAR Son of Sumer Ram Resident of Village - Galimapur, P.S.- Taraiya, Distt.- Saran at Chhapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Arun Kumar, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Taraiya PS Case No. 449/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016.
1600 litres of illicit liquor has been recovered by the police kept under the heap of paddy straw in front of the shop of co-accused, Devendra Singh and the name of the petitioner was disclosed by one arrested co-accused, namely, Dhananjay Kumar.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been
Patna High Court CR. MISC. No.43696 of 2021(2) dt.04-02-2022 2/3 implicated in this case on the basis of statement made by coaccused, Dhananjay Kumar that the petitioner being a driver of one Vijay Rai carried ten drums of illicit liquor by pickup van and delivered it to the different persons. Learned counsel further submits that except the confessional statement made by the arrested co-accused, no other material has come against the petitioner to connect him with the present offence. No illicit liquor has been recovered from the conscious possession of the petitioner or from the premises or vehicle belonging to the him. He next submits that the petitioner is in custody since 03.05.2021 and the charge-sheet has already been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises or vehicle belonging to him, petitioner is in custody since 03.05.2021, charge-sheet has been submitted and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MANISH KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty
Patna High Court CR. MISC. No.43696 of 2021(2) dt.04-02-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Saran at Chapra in connection with Taraiya PS Case No. 449/2020 (Ex. Tr. No. 293/21). (Anil Kumar Sinha, J) perwez U T