Manish Singh @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43822 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Manish Singh @ Manish Kumar S/O Bachcha Singh R/O Village- Barahi, Ps. Majorganj, Dist. Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sinha For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable Sections 30 (a), 38, 41 of the Bihar Prohibition and Excise Amendment Act.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 684 liters of Nepali liquor is said to have been recovered from the vehicle. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The apprehended person disclosed the name of the petitioner. There is violation of Section 100 Cr.P.C. Petitioner has one criminal antecedent as mentioned in para-3 of this
Patna High Court CR. MISC. No.43822 of 2023(2) dt.18-08-2023 2/3 application.
4. Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Majorganj P.S. Case No. 99 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the
Patna High Court CR. MISC. No.43822 of 2023(2) dt.18-08-2023 3/3 aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) devendra/- U T