Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44944 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Manish Kumar Son Of Biltu Ray Resident Of Village- Baldiha Balia Tola, Ward No. 3, Ps- Jainagar, Dist- Madhubani.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 135 of 2023 corresponding to G.R. No. 520/2023 registered for the offence under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

4. The accused/petitioner is named in the F.I.R. and is in custody since 03.04.2023.

5. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 213.525 litres of IMFL/Nepali liquor from

Patna High Court CR. MISC. No.44944 of 2023(2) dt.01-08-2023 2/3 the motorcycle.

6. Learned counsel appearing on behalf of the petitioner submitted that alleged recovered motorcycle not appears to be connected in any manner with this petitioner, and as such, it can be safely said that recovery of alleged illicit liquor not appears to be made from his conscious physical possession. It is also submitted that seizure list also appearing doubtful being not supported by independent witnesses, rather by police personnels. While concluding the argument, it is submitted that petitioner found involved in two more criminal cases, where he is on bail, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above as motorcycle not appears to be connected in any manner with this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 03.04.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Jaynagar P.S. Case No. 135 of 2023 corresponding to G.R. No. 520/2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.44944 of 2023(2) dt.01-08-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T