Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46695 of 2024 Arising Out of PS. Case No.-582 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== 1.

Manish Kumar SON SITA RAM VILLAGE - GOLA ROAD SILAO, WARD NO. 5, PS- SILAO, DIST- NALANDA 2.

KARAN KUMAR SON OF LATE PARAS PASWAN VILLAGE - GOLA ROAD SILAO, WARD NO. 5, PS- SILAO, DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered under Sections-30(a) & 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The prosecution case, in short, the informant along with police personnel, during vehicle checking, apprehended a car and the petitioners were apprehended at spot and on search, 34 litres wine is said to have been recovered from that car.

4. It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.46695 of 2024(2) dt.09-07-2024 2/2 petitioners. The petitioners are in custody since 30-05-2024. It is alleged that 34 litres wine is recovered from the Vehicle, in question. The petitioners are said to be driver and Khalasi of the vehicle, in question. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident.

5. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

6. Considering the aforesaid facts and circumstances, specially the fact that the petitioners have got no criminal antecedent, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-3, Gaya in connection with Excise P.S. Case No. 582 of 2024 with condition that the petitioners shall cooperate with the trial and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T