Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40911 of 2020 Arising Out of PS. Case No.-602 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MANISH KUMAR Son of Indra Mohan Ram @ Inardev Ram Resident of Village - Ratan Pura, P.S.- Saraiya (Jaitpur O.P), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Saraiya P.S. Case no. 602 of 2020 registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the first information report, 116 litres of beer was recovered from a vehicle wherein the petitioner was also travelling.

It is submitted by learned counsel for the petitioner that neither the vehicle belongs to the petitioner nor any incriminating article has been recovered from the person or possession. The petitioner has no criminal antecedent and is in custody since 8.9.2020.

Patna High Court CR. MISC. No.40911 of 2020(4) dt.26-03-2021 2/2 The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent together with the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Saraiya P.S. Case no. 602 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T