Manish Kumar @ Subham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37848 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== MANISH KUMAR @ SUBHAM Son of Satish Kapar Resident of Village - Bibhutipur, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bibhutipur Case No. 54 of 2019 instituted for the offence under Section(s) 272 and 273 of the IPC and Section 30(A) of Bihar Prohibition & Excise Act, 2016.

It is alleged in the written report that police apprehended Rakesh Kumar @ Baba and Moni @ Prabhat Kiran who were running away on seeing the police party. It is further alleged that police seized illicit foreign liquor as mentioned in the seizure list from the toilet near the house of Rakesh Kumar @ Baba.

In the written report it is alleged that Rakesh Kumar @ Baba and Moni @ Prabhat Kiran were apprehended by the

Patna High Court CR. MISC. No.37848 of 2019(2) dt.26-06-2019 2/2 police who disclosed the name of this petitioner. There is no recovery of any illicit liquor from possession of this petitioner. Petitioner is in custody since 18.4.2019.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II cum Special Judge (Excise Act), Samastipur in connection with Bibhutipur Case No. 54 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

It is mentioned in para 3 of bail petition that petitioner is accused in another case under the Excise Act. The petitioner will file affidavit at the time of filing bail bond that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond in instant case will liable to be cancelled.

(Sanjay Priya, J) shyambihari/- U T