Patna High CourtCR. MISC./49292/2017bail granted

Manish @ Manish Kumar @ Manish Kumar Singh @ Tinku v. The State Of Bihar

2017-11-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49292 of 2017 Arising Out of PS.Case No. -337 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Manish @ Manish Kumar @ Manish Kumar Singh @ Tinku S/o Prabhunath Singh, R/o Village- Lawan, P.S.- Baniyapur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2017 A supplementary affidavit indicating the criminal antecedents of the petitioner has been filed by the learned counsel for the petitioner. Let it be taken on record. Heard the counsels for the parties.

The petitioner seeks bail in connection with Madhoura (Goura O.P.) P.S. Case No. 337 of 2017 dated 16.08.2017 instituted for the offences under Sections 188/120(b) of the Indian Penal Code and Sections 30/38/41 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, in brief, is that on secret information that a huge consignment of liquor is being unloaded, a raid was conducted. Taking advantage of darkness, the petitioner and other accused persons managed to effect their escape.

Patna High Court Cr.Misc. No.49292 of 2017 (3) dt.28-11-2017 2/2 The petitioner, though is named in the F.I.R, but learned counsel for the petitioner submits that his house is situated 20 K.M away from the place of occurrence and for the last several years, he has been residing in Kolkata in connection with his family business. The other accused persons of this case have been granted bail by different Benches of this Court. The petitioner is in custody since 23.08.2017 and he does not have any criminal antecedent.

Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned 6th Additional District Judge, Saran at Chapra in connection with Madhoura (Goura O.P.) P.S. Case No. 337 of 2017.

(Ashutosh Kumar, J) Shageer/- U T