Manish Kumar @ Manish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39333 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== Manish Kumar @ Manish Sah, son of Ashok Sah, Resident of VillageChilhay Rampur, P.S.- Teghra, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Smt.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Teghra P.S. Case No.260 of 2019 for the offence punishable under Sections 414/120B of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016.

The petitioner is alleged to be one amongst seven miscreants who have fled away from the truck, from which there is alleged recovery of 141 litres of Indian Made Foreign Liquor.

It is submitted by the petitioner's counsel that on account of his past antecedents, the petitioner has been framed in this case. It is a case of false implication and the petitioner has no concern with the recovered liquor. Recovery is also not

Patna High Court CR. MISC. No.39333 of 2020(3) dt.03-03-2021 2/3 in accordance with law nor there is any forensic basis to support that the recovered substance was intoxicant. The petitioner is in custody since 31.08.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 Sessions Judge-II-cumSpecial Judge, Excise Act, Begusarai, in connection with Teghra P.S. Case No.260 of 2019, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings

Patna High Court CR. MISC. No.39333 of 2020(3) dt.03-03-2021 3/3 regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T