Manish Kumar @ Manish Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32775 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== MANISH KUMAR @ MANISH RAY Son of Jhapshi Ray Resident of Village - Mothahan Fakrana, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitu Kumari For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 18.07.2020 in connection with Hathouri P.S. Case No. 13/2019 registered for the offences punishable under Sections 272/273/120(B) of the Indian Penal Code and Section 30A/38(1)(2) of the Bihar Prohibition of Excise Act.

As per the prosecution story, 130.800 litres of foreign liquor was recovered from a truck and one co-accused Ajay Kumar was arrested on the spot.

It is submitted that nothing has been recovered from the conscious possession of the petitioner or from the premises of the petitioner. Petitioner is neither the owner nor the driver of the vehicle in question. It is further submitted that name of the petitioner has come during the coursse of investigation on

Patna High Court CR. MISC. No.32775 of 2020(3) dt.07-12-2020 2/2 mere suspicion and the petitioner has got no criminal antecedents as stated in paragraph No. 3 of the petition and is in custody since 18.07.2020.

Considering the aforementioned facts and circumstances, the bail application of the petitioner is allowed. 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 Hathouri P.S. Case No. 13/2019.

(Prabhat Kumar Singh, J) Saif/- U T