Manas Kumar Singh @ Manas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2852 of 2021 Arising Out of PS. Case No.-12 Year-2020 Thana- SIMRA District- Aurangabad ====================================================== MANAS KUMAR SINGH @ MANAS KUMAR Son of Baidhnath Singh Resident of Village - Jai Prakash Nagar, P.s.- Town, Distt.- Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore Ms. Rupa Kumari For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Simra P.S. Case No. 12 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 147 litres of country made liquor has been recovered from a tempo which was being driven by this petitioner and he was apprehended on the spot.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner is owner-cumdriver of the vehicle in question and he has no knowledge about the nature of consignment. Petitioner is in custody since 09.09.2020 and bears clean antecedent. Chargesheet has already

Patna High Court CR. MISC. No.2852 of 2021(2) dt.10-03-2021 2/2 been submitted.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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 VII-cum-Special Judge (Excise), Aurangabad in connection with Simra P.S. Case No. 12 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T